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Home My WebLink About2007-12-12 VLLA Forum� � :.::x ' �� 4 • \ � =t: � � LOCAL LICENSING AUTH�RITY FORUM � � .. WEDNESDAY DECEMBER 12 2007 ,n � � 1:00 P.M. � t� AGENDA . t �. Introductions and 4pening Comments — Kaye Ferry, Chairman (5 minutes) f �. State of Colorado Liquor Enforcement Division - Brian Dyet (45 minutes) ' r ' � + �,,,r , � � *Gambling/Bingo/Raffles/Other Games � � � `t�' • � �� ,, �Overservice . ; � �� 1 �j � . . :-� �� nderage drinking ' � After hours service/drinking ` . rivate Functions on a licensed establishment �� " , ,� s�j � onduct of Establishment (Regulation 47-900) b . S . . . . � ,'� w nspection of Licensed Premises (Regulation 47-700) � *Removal of alcoholic beverages from premises (Regulation 47-918) . ,., � iNebsite for State of Colorado liquor rules and regulations is: �� http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=lawrules � 1� � �( � � .� Vail Police Dept. - Craig Bettis and Susan Douglas (5 minutes) 1 � Q� . , �► ,/�Over Service /�Assaults in Bars �Safe Bar Campaign I. Vail Transportation Department Issues - M' e e 5 minutes) �. < � � . ✓ . . r� �� Bus hours of operation for winter �ry . . . � � . �} � i hvir � � ate night bus ssues and be a o � �i /` . « � �� Ge o�ut of p ki struct free p ogra ., . � � . �,�. : a� 1 �. ��ij-�- a� . r� . � . ail Police Department — Penny Harpe ( minutes) ,�TIPS training requirements and proof of training � IPS class registration and dates: January 14, January 28 and February 11, 2008 (note: a inimu of 12 people are required to hold a class) { � ' . General Liquor Item� of Discussion - Lor lei Donaldson (10 minutes) � � *Timely notification to Local and State authorities of any changes to establishments (i.e. owner/manager/corp officer, modification of . premises, transfer of ownership changes) � *Renewal of licenses - timeframes, deadlines, turn documents in to TOV *Conduct/Sales Tax implications *SE on Licensed Premises involving alcohol, wine tastings, etc. *TIPS documentation to TOV . *2008 Liquor Board Meeting schedul �_ *Fee schedule cha�nges � ��' � . �� *fraud detection device . f � � � .,Q ,�.-- � � . . . .,/` V. Question and Answer Period (10 minutes) . .. � . V . Adjournment • � TOWN OF VAIL LOCAL LICENSING AUTHORITY (Liquor Board) 2008 MEETING DATES (30 days prior to LLA mt ) g Submittal Deadline for New or S ecial Li uor Licensin A ' ' p q g uthority 2008 Meeting Event Liquor License. Dates 10:00 AM in the Vail Town Council Chambers December 10, 2007 Janua 9 2008 rY � Janua 14 2Q08 rY � February 13, 2008 February 11, 2008 March 12 2008 � March 1 Q, 2008 A ril 9 2008 p � April 14, 2008 Ma 14 2008 y , May 1�2, 20U8 June 11 2008 � June 9, 2Q08 Jul 9 20�8 y, July i4, 2008 Au ust i3 2008 g � August 11, 2008 Se tember 10 2008 p � September 8, 2008 �ctober 8 2008 � October 13, 2008 November 12 2008 � November 10, 2008 December 1 � 2008 � Regular meetings will be held on the second Wednesda of each month at 1• ' , y , 0.00 am �n the Council Chambers of the Vail Munici al Buildin 75 South Fi-onta e Roa ' P g, g d, Vail, Colorado F:\twncierklwptiles\Liquor Lic Auth\FORMS12008 mtg deadlines (abbreviated).doc LOCAL LICENSING AUTHORITY FORUM WEDNESDAY, DECEMBER 12, 2047 1:00 P. M. AGENDA introductions and Opening Comments — Kaye Ferry, Chairman (5 minutes) II. State of Colorado Liquor Enforcement Division - Brian Dyet (45 minutes) *Gambling/Bingo/Raffles/Other Games *Overservice � *Underage drinking *After hours service/drinking *Private Functions on a licensed establishment � *Conduct of Establishment (Regulation 47-900) . *Inspection of Licensed Premises (Regulation 47-700) *Removal of alcoholic beverages from premises (Regulation 47-918} 'kWebsite for State of Colorado liquor rules and regulations is: http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=lawrules III. � Vail Police Dept. - Craig Bettis and Susan Douglas (5 minutes) *Over Service *Assaults in Bars *Safe Bar Cam paign IV. Vail Transportation Department Issues - Mike Rose (5 minutes) *�us hours of operation for winter *Late night bus issues and behavior *Get out of parking structure "free� program V. Vail Police Department — Penny Harpe (5 minutes) *TIPS training requirements and proof of training � *TIPS class registration and dates: January 14, January 28 and February 11, 2008 (note: a minimum of 12 people are required to hold a class} VI. General Liquor Item�s of Discussion - Lorelei Donaldson (10 minutes) ''rTimely notification to Local and State authorities of any changes to establishments (i.e. owner/manager/corp officer, modification of premises, transfer of ownership changes) *Renewal of licenses - timeframes, deadlines, turn documents in to TOV *Conduct/Sales Tax implications *SE on Licensed Premises ir�volving alcohol, wine tastings, etc. 'kTIPS documentation to TOV *2008 Liquor Board Meeting schedule *�ee schedule changes *fraud detection device � VII. Question and Answer Period (10 �minutes) VIII. Adjournment • TOV�VN OF VAIL LOCAL. LICENSING AUTH ORITY (Liquor Board) 20�8 MEETING DATES (30 days prior to LLA mt g) Subrnittal Deadline for New or ' Special Event Liquor License. December 10, 2007 January 14, 2008 February 11, 2Q08 March 10, 2008 April 14 2008 � May 12, 2008 June 9, 2008 July 14, 2008 August 11, 2008 September 8, 2008 Uctober 13, 2008 November 10, 2008 Liquor Licensin Authori 20 ' g ty 08 Meeting Dates 10:00 AM in the Vail Town Cou ' ncil Chambers January 9, 2008 February 13, 2008 March 12, 2008 April 9, 2008 May 14, 2008 June 11, 2008 July 9, 2008 August 13, 2008 September 10, 2008 October 8, 2008 November 12, 2008 December 10, 2008 Regular meetin s will be held on t . g he second Wednesda of each month • . , Y ,at10.00aminthe Council Chambers of the Vall Muni ' '' . �lpal Bullding, 75 South Fr+onta e Road Colorado g , Vail, F:\twnclerk\wpfiles\Liquor Lic Auth\FORMS12008 mtg deadlines (abbreviated).doc Colorado Department of Revenue Pa�e 1 of ? �� .��'t' � ��:� �� i �� Matt Cook, Senior Director About Us.... • Services.... � Sections.... � t� n '� ` "�, ,s„ y1 y�., i 3 i :":�L f i . �• �.. � •`.� � : �.l I ; l:: � Brand Registration 8ringing Liquor Stock in Calarado Enforcement Summaries Master File Licenses t�ffice Locations Opinions and Position Statements Responsible Vendors To�acco �nforcement Program � �'�i��: ��"�;�:.�.� Aicohot/Tobacco �`ax � Yrad� Bureau �e� S�hed�,le �orms Laws and Ruies �.icense� an� �ernr�its t�ther �tela#ed �.in�s �`ublic�tions � �nfa Pamphlets �iquor Licens� �ists ��:��. �.:.��..,� Goue�rnment Services lnternai Revenue Service �.abor and Employment Lacal �avernments Praperty and Taxatian S�cretary of �ta�� State T+�lephone �irectory L�3't:: � � � k k i 3 0 : .;;) � � �% _ . :� �� : • Printer-Friendly Version • Text-�ri�ndly Version Regulation 47-922. Gambling. A. Activities prohibited. Laura K. Harris, Director :. 1. No person licensed under Articles 46, 47, and 48 of Titie 12 to sell at retail shail authorize or permit on the licensed premises any gambling, or use of any gamblin machine or dev�ce, or use of any machine which may be used for amblin exce g specifically authorized for a racetrack, pursuant to Article 60 of Tit g 1 g' Pt as e 2 C.R.S., or for limited gaming, pursuant to Article 47.1 of Title 12 C,R.S. 2. No person licensed under these Articles shall authorize or permit on the licensed premises the holding of any lottery, except as authorized by Part 2 of Article 35 of Title 24, C.R.S. 1973 and any rules and regulations promulgated thereunder. Nothin in this regulation shall be deemed to prohibit the conducting of games of chance authoriz the bingo and raffles law (Article 9 of Title 12, C.R.S. 1973 . ed by ) B. Equipment prohibited. No person licensed under Articles 46, 47 and 48 of Title 12 to sell at retail shall authorize, permit or possess on the licensed premises any table, machine apparatus or device of a kind normally used for the purpose of gambling, except as specifically authorized and when licensed for limited gaming, pursuant to Article 47.1 of Title 12 C.R.S. Prohibited equipment shall include video poker machines and other devices, defined either as slot machines pursuant to C.R.S. 12-47.1-103(26) and/or gamblin devices pursuant to C.R.S. 18-10-102. g C. Equipment permitted. 1 Nothing in this regulation shall be deemed to prohibit the use of bona fide amusement devices, such as pinball machines or pool tables, provided however, that such devices do not and cannot be adjusted to pay anything of value, and that such devices are not used for gambling, as defined in C.R.S. �18-10-102, as the same may be amended from time to time. 2. A licensee is permitted to conduct, on its licensed premises, tournaments or competitions involving games or skill as permitted by C.R.S. 18-1 Q-102(2)(a), including the awarding of prizes or other things of value to participants, in connection with the use or operation of devices such as and including, but not limited to: a, Pool tables b. Billiard tables c. Pinball machines d. Foosball machines e. Basketball games f. Air hockey games g. Shuffleboard games http://www.revenue.state.co.us/liquor dir/wra .as ?incl=ColR _ p p egCode/47922 12/5/2007 Colorado Department of Revenue h. Dart games i. Bowling games j. Goif Games paa� ? 0� ? 3. Licensee wiii not be considered in violation of this regulation if they permit on their licensed premises card or similar games of chance to be piayed between natura! persons whereas no person is engaging in gambfing as defined by C.R.S. 18-10-102 (2)• D. Inspection and Records. 1. Lic�nsees shall keep a comp�lete set of records, including operating manuals concerning any game machine or device maintained on their licensed premises. Licensees who do not own their machines or devices shall be required to maintained a copy of their current contract with vendor. This contract at a minimum shall detail the division of profits between the parties and how monies will be accounted for, including the payment of any monies, or any other thing of value to customers of the licensee. Copies of any outstanding notes or loans between the parties must also be maintained by the licensee. 2. Licensee shall make available without delay to agents of the state or loca( licensing authority access to that interiors of any machine or device maintained upon the licensed premises to assist in the determination of whether or not said machine or device is permitted or prohibited equipment. Matt Cook, Seniar Director Laura K. Harris, Dire�t�r D�partment Hame • Division No�me Top • Stats Home • Federai Mome • Cor��:� �!s t �:J ✓7 i iE.�i�l ��.. L.Si!i1t� `.i�.�i�If+:��.tl� , i'L"�,iG9: i(i�E:�e,iC '� � �'�4�yi';`l'.:<�: �ClV�Cj�_ �i��t�€;'IPt��: http://www.revenue.state.co.us/l��uor dir/wrap.asp?incl=ColRegCode/47922 12/5/2007 .+ ,¢ � ., � �Vlessage � Page 1 of,� Lorelei Donaldson - Emailing: press_detail.htm - . .. . .. r �: - ,: .. ., ? :. r ... . . . . _. ._ . _ _ . .. . r., � � ., , ��.. . .. : . .:.:..� ... , ._ : . , . . . . _ . . � . . . .... , ... .,. ...:..,�... „�. �.: �r.� ...r<-:.„ .Y:4 :, •:.. . ...,f�� < �,/ .K.-� �! S .�.�:,� . ! ... .,.,.. ... , .,... ,.v ....,..,.... ......�.,.. ... .. ...... -,...,. ,..: � �, � :� .,..- r. �:.,... t �,+ ,. sr� � l�....; . . ... � ..n. x..: �. . ?.� . .. .... ....... ,.. � .. .. . .�� ... .. f . .. %: � . .. �,.:... . -, c ✓y�„ 1 . < ..��:, ., >i;:� .,r'';�k>'?�' ,r...,n"'�» 5�� ..... . .. ... . . .. .....�. ..,�.. r. . . � .. �..�.�, � ...,... ....:.�. .,,.. �... . +f . ..,: . .. . . . '..: .. r' '' .: .., :. :�.':... �..�,.�' itr� . M1:` i.^ : ;: .��✓ . y:. �. From: "Turner, Brian" <bturnerC� spike. dor. state. co .us> . ' v Com ldonaldson vail ov.corn)" <ldonaldson��vallgov.com> . To: "Ldonaldson Vail o . ( �� C� g Date: 12/5/2005 11:16 AM Sub'ect: Emailing: press_detail.htm J _ _ . ..... _ _ __._ . _ _ _ . _.._ .�. . .. . � __. �� . Y� � . ��. _: .,�# � y�:n � , - z .:, µ.,. . ,n � �... :�%. .'� , � � ..,.,......M...�..............;,.�....r.�.........�,......:w. .,,,: ,,..,,,,,-' � ".',,.,:;:;,� ^.,.,,.;..�..•.: :-�,..� »..'�",:M :::.:e«:^�,,........,»,..w .............,... , ,�: %r:::��ii,�;,ss/a.: � : ..��. • ....�:,,.....�. ,......,,...r.........,......w.....,...,..�.y..........w..,..�....._.._..,.....,,M.�.�...,_...,..,.w....�...w..w.....w......,� '•...�.:::;..�"...,...,,.......�...,,,w.,..,.,....,._...,,.,...�....y .............w...,.,. ..� .............,...........�.,.,.�.........�....,......�...,..,.,.......-............. :`�..:..,. .,..,..;.:'"....^ �;.. �..'""`.,.-..........._. �,...,...... � � ; :; : �� Suthers and �arr�in Can�mi��ion Caution ,�g�inst ��1�gal :�� :: . ��.��; Attorn�y Genera 9 . � �� Gic� �11 I�I i t1t„� ,A+C'�f\/1'�!E'S _ �� 2�.��..�£ 08/31/2005 , � $� �� ` . . �. � rne General John Suthers and Colorado Limited Gaming Con�trol �, n£� DENVER Colorado Atto y , �"�.��`��`� � �� mmission Chairman Natalie Meyer today cautioned Colorado residents against participating , l£ Co o ularit of internet ambling, televised ��.�, g With the increased p p y 9 : �� £; in illegal gamblin activities. . . k . �� poker tournaments and sports pools, much confusion surrounds the legality of these { ' ,�� .�� . �� '� activities. Y. � � :� �� w�� ` � �� ... �� ' min des ite bein a multi-billion dollar industry, is illegal Both federal and state � �� t ;: � � �` �...,;_� Internet ga 9, P 9 . ' ; . �� i ��` �£ laws prohibit internet gaming, as weil as toll-free sports wagering hot ines. � ^�,, �� . _ ��# • �� General Suthers. °The pfayer , _ :: ��- "Not only is internet gambling illegal, it is risky, said Attorney ;�� - , �� s; has no idea if the games are being conducted fairly or whether they will even be paid. Plus -`�� -�� there are no regulatory controls prohibiting children from accessing the sites and playing." � � �; Unlike participants in legalized forms of�gambling, persons who wager on online casinos or with telephone sports books have no recourse with any state agency should they not get paid or have any other complaint. Furthermore, in the case of online casinos, players are not guaranteed odds. By law, slot and video machines in Colorado casinos must pay out between 84 percent and 100 percent. Online casinos have no minimum payouts ar regulatory payout controls. "The Gaming Commission places strict controls on Colorado casinos. We have worked hard to ,,.��P � maintain a well-regulated industry with an emphasis on casino patron protection," said Commission Chairman Natalie Meyer. "When a person bets online, they have no such ~.��:.::�.:,. regulatory protection." . . levised oker tournaments have also spurred interest in poker tournaments in homes and �e p � � � • t . I . . � .',,y'.'�(�: � - .. f • 6; : r;. .:�:,y,`; ' � . . � • ' ' in s\Tem \G'�Vr 00001.�-ITM 12/13/2005 � fle.1/C.�Docum��ts and,Settings�Adminlstrator\Local Sett g p } Message � � � Page 2 of � business estabiishments, particulariy bars. For such tournaments in businesses to be considered legai, they must either be completely "free" tournaments or void of prizes. "As long as no fee, buy-in or other money is required or solicited from the participants in a poker tournament, then prizes may be awarded to the players that perform well in the tournament," said Attorney General Suthers, who warned that charitable events are not exempt from state gambling iaws, and organizers cannot charge to play in such events if prizes are awarded based upon performance in the taurnament. Hame poker tournaments and office sports pools are ailowed under a"social gambling" exception under state law. For an activity to be considered "social gambling," all participants must have a"bona fide social relationship," meaning that they have an established social relationship based upon some other common interest other than the gambling activity, and no one other than the participants can profit from the game or activity in any manner, such as taking part of the pot in a poker game or a sports pool to be compensated for organizing the activity. QUESTIONS & ANSWERS: ILLEGAL GAMBLING Q: Is it lega! to place wagers over the internet or by calling a toll-free number in Colorado? A: No. Internet gambling sites and telephone sports books are illegal under state and federal laws. Colorado law prohibits the transmission or reception of gambling information by any means. Federal law also prohibits the use of wire communications in interstate or foreign commerce for the placing of bets or wagers or information assisting in the placing of bets or wagers. In addition, the Colorado Constitution allows only certain types of "gambling," which does not include internet or telephone wagering. Q: What forms of "gambling" are expressly authorized by law? A: The Colorado Lottery; live and off-track wagering on horse and dog racing events; bingo, raffles and charitable games licensed and regulated by the Secretary of State's office; limited stakes gaming in casinos in Black Hawk, Central City and Cripple Creek, as well as on tribal reservation land; and "social gambling." Q: What is "social gambling "? A: State law allows "social gambling" among participants who have a"bona fide social relationship" and in which all moneys wagered goes out in prizes. A"bona fide social relationship" means that the parties must have an established social relationship based upon some other common interest other than the gambling activity. Further, participants cannot directfy or indirectly participate in "professional gambling," which is defined as "aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom." This generally means that no one other than the piayers can profit from the game or activity in any manner. The profit does not need ta be direct profit. For example, if a liquor establishment or other commercial enterprise derives increased sales or revenues by attracting customers, even without charging a cover or other direct consideration, as the result of gambling taking place at that business, the business is considered to have profited fram the activity and the activity would no longer fall under the social gambling exception. These two criteria-a bonafide sociai relationship and no prafit motive-must be present for a gambling activity to be considered legal "social gambling." Q: How can online sites and telephone sports boak advertise that they are "legal" and "licensed"? A: These advertisements tell only half the story. The internet site or sports book may be legal or licensed where the site or number is set up, usuafly offshore, so in that respect they are truthfuf. However, what the advertisements fail to mention is that placing wagers on these sites or numbers is illegal in the United States and Colorado. file://C:�Documents and SettingslAdministrator\Local 5ettings\Temp1GW� 00041.HTM 12/13/2005 �. r� � �Vlessage � Page 3 of � Q: Can radio and te/evision stations and newspapers /egally accept advertising for "illegal" sports gambling activities? A: No. Colorado law prohibits intentionally promoting or facilitating the commission of a crimina! offense by aiding, abetting, advising or encouraging the offense. Because advertisements for such a�tivity assist and encourage the violation of Colorado and federai law by soliciting customers in Colorado to bet illegally, the advertising woufd also likely violate Colorado Consumer Protection statutes regarding deceptive trade practices. Q: Is there anything being done in Co/orado to curb internet gaming? A: The Colorado Limited Gaming Control Commission has adopted a policy prohibiting persons and businesses licensed in the casino industry in Colorado from having any involvement with internet gaming sites that can be accessed by Colorado residents. Q: What makes a poker tournament /egal or illegal? A: The main distinction is whether the poker being played is considered "gambling." For "gambling" to occur, three elements must be present: consideration, chance, and reward. These elements are sometimes expressed as "payment, luck, and prize." The first level of inquiry, then, is whether all three of these components are present, because by eliminating any one of them, the activity would not meet the de�nition of gambling as set forth in Colorado law. For example, if the consideration component is eliminated and no fee, buy-in or other money is required or solicited from the participants in a poker tournament, then prizes may be awarded to the player(s) who perform well in the tournament. This is how several organized poker tournaments are able to operate legally outside the three gaming towns. On the other hand, if an organization charges a donation, fee or other buy-in for a poker tournament or other event, then it cannot legally distribute prizes based upon who wins or plays well in the tournament or event. Such organization coufd legally conduct a drawing, door prize or raffle as long as the prizes are randomly awarded and are not tied to success in the tournament or event. Likewise, the organization could legally conduct the tournament for the pure entertainment value alone. By disconnecting the prize from the risk element of the poker or other event, such activity would arguably not meet the definition of gambling. If all three elements are present, the activity is considered "gambling" and can only be conducted in the context of "socia{ gambling" as previously defined. Q: Are "charitable" poker tournaments allowed? A: A misconception exists that if a poker tournament is for charity, or the prizes are donated, the charity could charge for the event. Such an event would still be illegal under Colorado law because the three elements of gambling fisted above are present. Although the Colorado General Assembly approved a charitable gambling exception in the liquor code in 1979, it was repealed in 1983 because of the explosion of "charity" events, enforcement issues and problems encou�ntered with the money actually going to the charities. Q: Who can a person contact if they suspect that they may have an addiction problem associated with any type of gambling? A: Anyone who believes that they may have an addiction problem with internet or telephone wagering, or any other type of gambling activity, legal or illegai, should contact the Compulsive Gambling Hotline at 1-800-522-4700. file://C:�Documents and Settin s�Administrator\Local Settings\Temp\GW } OOOO 1.HTM 12/13/2005 g � �. .�� Iess�.ge .�'r Page 1 of� I.�orelei Donaldson - Ernailing: press_detail.htm ,S� a�` r. �l v� � �� t��t.. .�i . fx � , .�."�'� . ... .... . . .... . . . ..... ....'.. ... . . ,... . ......, ,. ..... .... .... .r-?2 �.:-.'rw`' . . . . . ,. _. �, .... - .. ..,,. . � •,t^� . , . ..� .. w. .. ,-., ..�?�: ,s�'..,r � �, �;.Y .,�s., , �:G �;,,�::. ";r�� '�f. i u . 'r -::..,. ,. .... .. . ., ,. ,. .... �. .. ....... . . . . . . . .. . .. ,,.. ... .:,: .... .,....�.... ./•-T....ar:.e",.,../ ,... ♦:t..;.' .... .�� .. ...�..v. �'i.. ..,./;,. .Jr,..?i'.rf . r .. M.\.3h....� Y.,..-0r�r.T�.Y� ..... .... . . .... : �.t-. 's' �<..r: �.. ..> y{?n ..< y ,y,. ,9 .,.�e �%' ,a<fc � �l+' f� •'•:i�:�9�r.�°:.tY r.��:+.i;?o'Y.;�f.�.'yr�.�ra..53?.:�. anY".�9r5�'. ...•�t;t;£.;.. ..4. .��:r. y § �^ .�:>:•.....-:-.-°�`�':.L?...�,$.. ' ....,'.�. '' .. ,:.�::��: }.:..�.. �R�;.� . 5,,.•$aR%),�5�!�/.>.K'.::,'.�' ...... .........�.... ,.v . ...: ..�... . . .. . ,. : . . , .... . .......��.�2xJn...... >a. �. .... � From: "Turner, Brian" <bturnerC�spike.dor.state.co.us> • " V il ov. Com ldonaldson vail ov.com�" <ldonaldson��vailgov.com> . To. Ldonaldson a ( �� g C� g Date: 12/5/Z005 11:16 AM Sub'ect: Emailing: press_detail.htm J _ ., . ...... _... ...._. . . _, _ _. . ...... .._ _. ..._ .... .�..�.�.�.�.�..�.µ�.� ,�..�.�.�....,�. .�.�,�...�....��.�...�,�.�.,.....��......�.�.�..��.v..��.�.....�v..,..�, ...�.��.M��.....�M.w...�...�.�.�.�.....rry.�..w..��....�...��. �.�.. ..v....:�.r....N.......�... �.�......��.�r....�.:.....x..:�.�_.:.v��.._�.r........�......�..�Y� ` �� ' �. , .� .- �� . ' � . � 3: �� 7 � . � �,��;°�� '� � :� {: �� ' :'� � :� { ,�� > ; � ` ��Y / ! ( �� . '. , . . '. . . ! , i ' � 1 4 '� �� .. ' ' . y ,,, r. '' ��c� �� .` ; _ 7 : �� :: �, .. . �. A#torney G�ner�l Suther�s and �aming Com�miss�on �aut�on ,�gai��# I11ega1 �amblin� Ac�ivities 08/31/2005 � DENVER Colorado Attorney Generai John Suthers and Colorado Limited Gaming Con�trol Commission Chairman Natalie Meyer today cautioned Colorado residents against participating in illegal gambling activities. With the increased popularity of internet gambling, televised poker tournaments and sports pools, much confusion surrounds the legality of these activities. Internet gaming, despite being a multi-billion dollar industry, is illegal. Both federal and state laws prohibit internet gaming, as well as toll-free sports wagering hotlines. "Not only is internet gambling illegal, it is risky," said Attorney Genera! Suthers. "The player has no idea if the games are being conducted fairly or whether they will even be paid. Plus there are no regulatory controls prohibiting children from accessing the sites and playing." Unlike participants in legalized forms of gambling, persons who wager on online casinos or with telephone sports books have no recourse with any state agency should they not get paid or have any other complaint. Furthermore, in the case of online casinos, players are not guaranteed odds. By law, slot and video machines in Colorado casinos must pay out between 80 percent and 100 percent. 4nline casinos have no minimum payouts or regulatory payout controls. "The Gaming Commission places strict controls on Colorado casinos. We have worked hard to maintain a wefl-regulated industry with an emphasis on casino patron protection," said Commission Chairman Natalie Meyer. "When a person bets online, they have no such regulatory protection." Televised poker tournaments have also spurred interest in poker tournaments in homes and •• s� and Settin s�Administrator\Local Settings\Temp1GW}00OO1.HTM 12/13/2005 file.//C.�Docuxnent g Message � _�� -��-. � P age 2 o fY� � business establishments, particularly bars. For such tournaments in businesses to be considered legal, they must either be comp(etely "free" tournaments or void of priies. "As long as no fee, buy-in or other money is required or solicited from the participants in a poker tournament, then priies may be awarded to the players that perform well in the tournament," said Attorney General Suthers, who warned that charitable events are not exempt from state gambling laws, and organizers cannot charge to play in such events if prizes are awarded based upon performance in the tournament. Home poker tournaments and office sports pools are allowed under a"social gambling" exception under state law. For an activity to be considered "social gambling," all participants must have a"bona fide social relationship," meaning that they have an established social relationship based upon some other common interest other than the gambling activity, and no one other than the participants can profit from the game or activity in any manner, such as taking part of the pot in a poker game or a sports paol to be compensated for organizing the activity. QUESTIONS & ANSWERS: ILLEGAL GAMBLING Q: Is it lega/ to place wagers over the internet or by calling a toll-free number in Colorado? A: No. Internet gambling sites and teiephone sports books are illegal under state and federal laws. Calorado law prohibits the transmission or reception of gambling information by any means. Federal law also prohibits the use of wire communications in interstate or foreign commerce for the placing of bets or wagers or information assisting in the placing of bets or wagers. In addition, the Colorado Constitution allows only certain types of "gambling," which does �not include internet or telephone wagering. � Q: What forms of "gambling" are express/y authorized by /aw? A: The Colorado Lottery; live and off-track wagering on horse and dog racing events; bingo, raffles and charitable games licensed and regulated by the Secretary of State's office; limited stakes gaming in casinos in Black Hawk, Central City and Cripple Creek, as well as on tribal reservation land; and "social gambling." Q: What is "social gambling"? A: State law allows "social gambling" among participants who have a"bona fide social relationship" and in which all moneys wagered goes out in prizes. A"bona fide social relationship" means that the parties must have an established social relationship based upon some other common interest other than the gambling activity. Further, participants cannot directly or indirectly participate in "professional gambling," which is defined as "aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom." This generally means that no one other than the players can profit from the game or activity in any manner. The profit does not need to be direct profit. For example, if a liquor establishment or other commercial enterprise derives increased sales or revenues by attracting customers, even without charging a cover or other direct consideration, as the result of gambling taking place at that business, the business is considered to have profited from the activity and the activity would no longer fall under the social gambling exception. These two criteria-a bona�de sociai relationship and no profit motive-must be present for a gambfing activity to be considered legal "social garnbling." Q: How can online sites and telephone sports book advertise that they are "legal" and "licensed"? A: These advertisements tef! only half the story. The internet site or sports book may be legal or licensed where the site or number is set up, usually offshore, so in that respect they are truthful. However, what the advertisements fai! to mention is that piacing wagers on these sites or numbers is illegal in the United States and Colorado. file://C:�Documents and Settings�Administratar\Local SettingslTemp\GW} 00OO1.HTM 12/13/2005 � I a� -NNC"essage � Page 3 of � Q: Can radio and te/evision stations and newspapers /egally accept advertising for "iilegal" sports gambling activities? A: No. Colorado law prohibits intentionally promoting or facilitating the commission of a crimina! offense by aiding, abetting, advising or encouraging the offense. Because advertisements for such activity assist and encourage the violation of Colorado and federaf law by soliciting customers in Colorado to bet iliegally, the advertising would also likely violate Colorado Consumer Protection statutes regarding deceptive trade practices. Q: Is there anything being done in Co/orado to cu�b internet gaming? A: The Colorado Limited Garning Control Commission has adopted a policy prohibiting persons and businesses licensed in the casino industry in Colorado from having any involvement with internet gaming sites that can be accessed by Colorado residents. Q: What makes a poker tournament legal or illegal? A: The main distinction is whether the poker being played is considered "gambling." For "gambling" to occur, three elements must be present: consideration, chance, and reward. These elements are sometimes expressed as "payment, luck, and prize." The first level of inquiry, then, is whether all three of these components are present, because by eliminating any one of them, the activity would not meet the definition of gambl�ng as set forth in Colorado law. For example, if the consideration component is eliminated and no fee, buy-in or other money is required or solicited from the participants in a poker tournament, then prizes may be awarded to the player(s) who perform well in the tournament. This is how several organized poker tournaments are able to operate legally outside the three gaming towns. On the other hand, if an organization charges a donation, fee or other buy-in for a poker tournament or other event, then it cannot legally distribute prizes based upon who wins or plays well in the tournament or event. Such organization could legally conduct a drawing, door prize or raffle as long as the prizes are randomly awarded and are not tied to success in the tournament or event. Likewise, the organization could legally conduct the tournament for the pure entertainment value alone. By disconnecting the prize from the risk element of the poker or other event, such activity would arguably not meet the definition of gambling. If all three elements are present, the activity is considered "gambling" and can only be conducted in the context of "social gambling" as previously defined. Q: Are "charitable" poker tournaments allowed? A: A misconception exists that if a poker tournament is for charity, or the prizes are donated, the charity could charge for the event. Such an event would still be illegal under Colorado law because the three elements of gambling listed above are present. Although the Colorado General Assembly approved a charitable gambling exception in the liquor code in 1979, it was repealed in 1983 because of the explosion of "charity" events, enforcement issues and problems encountered with the money actually going to the charities. Q: Who can a person contact if they suspect �hat they may have an addiction problem associated with any type of gambling? A: Anyone who believes that they may have an addiction problem with internet or telephone wagering, or any other type of gambling activity, legal or illegal, should contact the Compulsive Gambling Hotline at 1-800-522-4700. file://C:�Documents and SettingslAdministrator\Local Settings\Temp\GW} 00OO1.HTM 12/13/2005 1�` �: Colorado Department of Revenue y' r Page 1 of 2 �� Mat# Cook, Senior Director Laura K. Harris, Director About Us.... - Services.... � Sections.... - - � � �,�fi ; �'', s�^� , ., g.;,... �,. ` ,.,. s.: r°, �r. r�-! ..ria � � . � iti,.,.� Brand Registration Bring�ng Liquor Stock �n Colorada Enforcemen# Summaries Master File Licenses Office Loca#ions t�pinions and Position Statements Responsible Vendors Tabacco Enforcement Program ��iA�� .�'�tl�€�s AlcohollTobacco 'iax � Trade Bureau Fee 5cheduie Forms Law� and Ru��s L�icenses and �'ermits C�the�r Related Linics Publicatians � lnfo pamphlets f�ir�uo�r L.ic�nse l.ists �� .R��,� �avernment Serv�ces lnt�rnal Revenue Service Labar and Ernplayment �.ocat Covernments �raperty and 7`axatian ��cretary af Sta�e Sta�e Telephone Direc#ory ��=��d� � }�� . �� • Printer-Fri�ndly Versian • Text-Friendly Version Regulation 47-900. Conduct of Establishment. A. Orderliness, loitering, serving of intoxicated persons. Each person licensed under Article 46,47, and 48 of Title 12, and any employee or agent of such licensee shall conduct the licensed premises in a decent, orderly and respectable manner; and shal! not permit on the licensed premises the serving or loitering of a visibly intoxicated person or habitual drunkard, nor shall the licensee, his employee or agent knowingly permit any activity or acts of disorderly conduct as defined by and provided for in Section 18-9-106, C.R.S. nor shall a licensee permit rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the licensed establishment is located. B. Attire and conduct of employees and patrons. No person licensed under Articles 46, 47, and 48 of Titte 12, nor any employee or agent of such person licensed under these Articles shall engage in or permit the following: 1. Employment or use of any person in the sale or service of alcohol beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. 2. Employment or sue of the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as describe in paragraph number (1) above. 3. Any person on the licensed premises touching, caressing or fondling the breasts, buttocks, anus, or genitals of any other person. 4. Any employee or person on the licensed premises wearing or using any device or covering exposed to view, which simulates the breasts, genitals, anus, pubic hair or other portion thereof. C. Entertainment. Live entertainment is permitted on any licensed premises, except that: 1. No person licensed under Article 46,47, and 48 of Title 12, nor any employee or ` agent of such person licensed under these Articles shall engage in or permit any person to perform acts of or acts which simulate: a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. b. The touching, caressing or fondling of the breasts, buttocks, anus or genitals. c. The displaying of pubic hair, anus, vulva or genitals. 2. No licensee nor any employee or agent of such Iicensee shall engage in or permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=ColRegCode/4790� 12/S/2007 � Colorado Department of Revenue Page 2 of 2 3. No licensee nor any employee or agent of such licensee shall engage in or permit any person to remain in or upon the licensed prernises who exposes to public view any portion of his or her genitals or anus. D. Visual displays. No person licensed under Article 46, 47 and 48 of Title 12, nor any employee or agent of such person licensed under these Articles, shall engage in or permit on the r�censed premises the showing of film, still pictures, electronic reproduction, or other visual reproductions depicting: 1. Acts or simulated acts of sexual intercaurse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. 2. Any person being touched, caressed or founded on the breasts, buttocks, anus or genitals. 3. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above. E. Local ordinances. This regulation shall not be deemed to authorize or permit any conduct, behavior or attire on licensed premises which is otherwise prohibited by any city or county ordinances. Matt Cook, Senior Director Laura K. Harris, Director C}epartment Hame • Divis�o� Nom� iop • State Home •�'ed�rai Home • Contact Us ��':li: Vi• : r:\ ��. �:'�'i /� )'�' �'i 5,:�,.�... .an�• �. ♦ o y,`'. . � ..>,Y :c.::� .. , ,.;:, , ;.,r��:3,t��:.c•- ., .t.��; �� t�: . c.: ...��:��:��- �r�?��C j� �i$��l:c��za��# http://www.revenue.state.co.us/liQuor dir/wrap.asp?incl=ColRegCode/47900 12/5/2007 r �� f . ,- Colorado Department of Revenue Pa�e 1 of 1 �� r�� Matt Cook, Senior Director Laura K. Harris, Director About Us.... - Services.... � Sections.... � � � = � s��$NS f�� `.��_:-�: `t :�f;f�y�.�; Regulation 47-700. Inspection of the Licensed Premises. Brand Registration Bringing �,iquor Stack in A. The licensed premises, including any places of storage where alcohol beverages are Colorado stored or dispensed, shall be subject to inspection by the State or Local Licensing �nforcement Summaries Authorities and their investigators, or peace officers, during all business hours and all �taster File Licenses other times of apparent activity, for the purpose of inspection or investigation. For t�ffice Locations examination of any inventory or books and records required to be kept by licensees, access shall only be required during business hours. Where any part of the licensed apinions and �osition Statements premises consists of a locked area, upon demand to the licensee, such area shall be Respansible Vendors made available for inspection without delay; and upon request by authorized Tabacco �nforcement Program representatives of the licensing authority or peace officers, such licensee shall open �� , °�� j�, ��°vf>�.w:�: said area for inspection. AlcohoilTobacco Tax & Trade Bureau B. Each licensee shall retain all books and records necessary to show fully the ��e 5�h�du�e business transactions of such licensee for a period of the current tax year and the three ��m� prior tax years. Laws ar�d Ru�es �,icen�es and ��rr�nits t�ther Related Links Pubiications � lnfo Parnphlets �.iquor L.icense Lists �� overnment Serv�c�s Internat I�evenue Service Labor and Empioyment l�ocai �ov�ernments �'roperiy and Taxation S�cr�t�ry of S�ate St,�te Telephone Directory `� �:' �. t'' �: �'� M;�; i � :� «`�".� � �;�' _ . _. _ . .... �v�i :��Y • Printer�Friend�y Versian • Tex�-Frie�dly Version Matt Cook, Senior Director Laura K. Harris, Director Department Home • Division Nort�e Top • State Home • Federai Home • CQntact Us ... , , �: �. �. .: , . ., , .. . � ., , ... , /'. . � /" . ! N• /' . r � s. .i f.. : '.I^^ �.i• : i .. ... i:. � ..i i: ... ':i�A i .�i'. ,:+: . sL: .. ,/� � . �. . i.1t"� http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=ColRegCode/47700 12/5/2007 Colorado Department of Rev�nue a . Pagf� 1 of 1 '� �� :��.�� .��,.��'�� `��>� .��`��'�� : . Matt Cook, Senior Directar Laura K. Harris, Director About Us.... - Services.... - Sections.... � :. • �ry i�� ¢;-� ��.�� : f�~�� Regulation 47-918. Removal of Alc�hol Beverages from Premises. Rrand ��gistration Bringing Liquor Stock in A. Notwithstanding those licensees described in section 12-47-421(2)(A), who may �alurado � permit a patron to reseal a partialiy consumed bottie of vinous liquor (not to exceed Enforcement Summaries 750m1) which was originally sold for on premises consumption; No licensee, manager Master File Licenses or agent of any establishment licensed for on-premises consumption shall permit the Of�ice Locatians removal from the licensed premises of any alcohol beverages in sealed or unsealed containers. C}pinians and Position Staiements Respansible V�ndors B. Licensees described in paragraph A of this regulation who permit a patron to i�bacca �nfo�rcement Program remove a partially consumed bottle of vinous liquor shall reseal the bottle with a cork or �^ '� � � ��' � "� � �� r�� other commercially manufactured stopper. q � ty;. } �M' v �� ;: �'. i'< `'�.A 'W N� i �l S t•.v' �M W.� A�cohallTobacco 7'ax & irade Bureau C. The patron may not place the container in passenger area of a motor vehicle, or in �� '�� an area readily accessible to the driver or a passenger while in his or her seating F��'rn� position, including but not limited to the glove compartment. (This subsection "C" will be i.aws and Rules expire on May 15, 2007.) � �.iG�t�S�S �i1d �@t�1"t'�f'�S �ther Rela��d Links D. Patrons transporting a partially consumed bottle of vinous (iquor in a motor vehicle Pub�ic�tia�s & fnfo Pamphl��s shall comply with the requirements of 42-4-1305, C.R.S. �.iquar �.icens� List� �s��.. �- � ��.�, . �+�vern��nen# Servic�s in�ernat F��ve��e Sertirrce La�or and �mployment �o�a! �avernments �rop�rty and "�axation �ec reta ry �►f State S�t� Telephone t3irectory vq. � � ---, �* �� '3� C La� � f i� 3'�s�. �� 1, . .. �;.. ��,�� ; • Prir�t�r-�ri�ndiy V�r�ion • T�;x�-�ri�ndiy Versicn Matt �aok, Senior Dir�ctor Laura K. Harris Director D�partment Home � Divisian Mnrn� Trap • State Hame •�ed��rai Hame • Cantact t�s ;.h. ; �� .. ., ,.. ,.': , '.; .r;:�::;'�:. '�: � .�,.. , ...,. , ; ,.; ... �.: ;�... .. ,:;' t. i ,..�.;,.;r:, ;e.•E� ,..: t..,; . w . ,. ��'tv'��: jf St:� �:k�li� t�: � i x http://www.revenue.state.co.us/liquor_dir/wrap.asp?incl=ColRegCode/47918 12/5/2007 r ti � Colorado Depa�ment of Rev enue Page 1 of 1 �� 4�� r �.��o��+�� r�� Matt Cook, Senior Director �� About lis.... - Services.... - Sections.... �� 1:� �rand Registration Bringing L,�quar Stock in Colarado Enforcement Summaries Master File Licenses O�fice Locaiions Opinions and Position Statements Responsible Vendors �'obacco �nforcem�nt Program �r�i�� r��i�� Atcohoil�'obacco Tax � Trad� Bureau �ee Schedule Forms �.aws and Rules �.icens�s and Perrt�iis C�ther Related Links Pub�icatians & lnfa Panr�phle#s Liquor �.icense Lists �� overnm�nt S�rvices lnternat Revenue Service Labor and Emplayment �.oca! �avernments Pra�erty and Taxation Secretary o# Stat� State Telephone Directory ��r�� `�� e ... ... . .. fi�i:t�� . • Print�r-Fri�ndly Version • Text-�'riendly Version Matt Cook, Senior Directo� ��pa�tm�nt Home • Division Norr�e Sign of aicohoi intoxication Laura K. Harris, Director -. _ Within the Colorado Liquor, Beer and Speciai Even prohibitions against providing alcohol bev t Codes, there are specific erages to intoxicated parties. Specificaliy the law states : It �s unlawful for ANY PERSON to sell, serve, ive a deliver or permit the sale, servin g WaY, dispose of, exchange, or VISIBLY INTOXICATED er g� g�ving, or procuring of any alcohol beverage to ... a p son. [CRS 12-47-901 (1)(a)] It is unlawful for ANY PERSON LICENSED TO SELL articie: to seil an aicohoi beverage to .., a V� AT RETAIL pursuant to this 47-901 (5)(a)] S�BLY INTOXICATED person .[CRS 12- EACH PERSON LICENSED UNDER THIS ARTICL licensed premises the serving or loiterin E••• shali not permit on his [CCR 1 203-2Regulation 47-900 g of an APPARENTLY INTOXICATED person . � NOTE: All words capitalized are for emphasis onl Y� Within the Liquor Code, the terms "intoxicated", "visibl ' intoxicated" have not been specifically de�ned and y��toxicated", and "apparently blood alcohol concentrations. No s ecific al ' they do NOT relate to specific of the statute that the judgment relate COhol level is de�ned because it �s the intent d to whether a person is intoxicated is not to be based on chemicai testing of that person's biood or br assessment of the party based on what ou can eath, but merely on an determination of whether another erson i• see, hear, or even smell. Your of factors related to his or her h Si S �ntoxicated is to be based on a combination p Y c a i a c t i o n s a n d a p p e a r a n c e -- t hey may include sP e ec h (is the person excessively loud, is his speech clear? bloodshot or glassy-lookin � ), eyes (are the eyes balance?, does h g�� Waiking or sitting (does the person have ro er e stumble or lean?}. p p �.aura K. Harris, Director "�op • State Home • Federa! Nome • Contact U►s :i+,^r'�„�:(,.i�;ti;; nf.r�... r .., . i,: � : � : : i .. ..` :.' 11 . , l.., ; � t?': "( � :� CJ i.: �? �.;;� %-: •- • � i:;� , � ,n . : �E �'; o ( • {�. fi' �, �;• . , i F:' �riv�,cy _�tat�r��t http://wv�W.revenue.state.co.us/1' ' • • . . lquor dir/wrap.asp?incl�ublicatl�n�/�r�fnramF. , r1 � �- �n n..... a. � '�► Aicohol Intoxication Evaluation Chart This chart is not intended to be all inciusive but is oniy a guideline. Although the various si ns are listed in the order which 9 they often appear, they may manifest themselves in some other order. Also, some may be more apparent than others and some may not be present at ali. It is aiso possible that a number of these signs could be present for reasons other than intoxicat�on. If you use the chart objectively, remembering to look at the combination of factors coupled with our ersonal ex erience Y P p , you should find it to be a helpful aid in making a decision regarding a person's� level of sobriety. Eye/Vision Mouth/Speech Appearance/Coordination Behavior Bloodshot Odor of alcohol Order more than one drink at a beverage Flushed face . time Watery Drinking too fast Mussed hair Ordering "doubles" Loss of eye contact Loud/boisterous Clothing in disarray Playing drinking games "chu in " 9g 9 Crying Altered speech pattern Soiled clothing Change in emotions Inability to focus Inability to pronounce Stron words g body odor Poor �udgment Double vision Slurring of words Decreased dexterity Annoying behavior *Ystagmus Lighting more than one evaluation cigarette Fumbling 4verly friendly to strangers *Slowed pupil Vomitin ' � � • reaction 9 Difficulty in picking-up change Acting flirtatious *Decreased respiration General clumsiness Animated �'Breath test Spilling drinks , Entertaining Uneven gait Playing music abnormally loud Poor balance Lack of concentration Staggering Difficulty in understanding questions Tripping Difficulty in understanding instructions I*Hand-eye evaluation Difficulty in adding amounts on check *One leg stand evaluation Letting a cigarette burn without smoking it '�cWalk and turn evaluation Careless handling of mone . � Y � *Rhomberg evaluation Abnormal tipping *Decreased pulse rate Obnoxious behavior �Blood test � Arguing about prices �Urine test Complaining about strength of drink Mean/aggressive/hostile Sullen/brooding Becoming detached from surroundings ' _..� Drowsiness Unconsciousness Death INOTE: Those items designed with an asterisk (*) are evaluation procedures that are to be used only by law enforcement or medical personnel and require special traininq .A ,� Colorado Department of R�venue Page 1 of 1 �� Matt Cook, Senior Director Laura K. Harris, Director About Us.... - Services.... - Sections.... � : � � ,� `;"�b ~t ';�,.�;4�"��":"'.:^� r '. , � , �.,,f . , �.. Brand Registration �ringing Liquor Stack in Co�orado En�orcement Summaries Master File Licenses affice Locations C}pinians and Position Stat+�rnents Responsible Vendors �"obacco Enfarcement Program °«��?��n-°; ��t"4��,` AicohailTobacco Tax & Trade Bureau �e� Schedc��e �orms � L.a�nrs ar�d Ruie� �.ic�nse� and P�rnnits � Othe�r Related l.inks Pub�icatians � l�nfo Pamphlets �iqu�rr Licens� �.ists .��,�.�l�� ,��.� �O�/EC1ltYlCtlt �E't'ViC@S lnx�rna! Revenue Service Lab�r and Employment �ocal Governments Praperty and �`axation S�c r�ta ry of �tat� S�a�e Telephone Directary �� +C u� �� Printer-Friendfy Versian • T�xt-�riendiy Version 12-47-1002. Responsible Vendors - Standards. (1) To be a responsibie aicoho! beverage vendor, a vendor shall comply with the server and seiler training program established by the Director of the Liquor Enforcement Division of the Department of Revenue. (2) The Director of the Liquor Enforcement Division shall set standards for compliance with the server and seller training program. When creating standards, the director shall consider input from local and state government, the alcohol beverage industry, and any other or national seller and server programs. Matt Cook, Senior Director Laura K. Harris, Director Department Nome • Divis�nn N�a�� T+op • State Home • Federal Hom� • Cc�ntac� U� :^ . ; .. �;... ../� �vr .. ] /- ,i�: � '• ;.i• . � .. �.��i , .ili:��i CiiAl% �.i��:At^:i' tti ^� l%4 �',f..1.. r.;Rt: �t�i ;,'c�C.� �iz�'�:f:'�'"c'��: il� http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=colliqcode/12471002 12/5/2007 Col�rado Department of Revenue � Page 1 of � -� ,�� .��+a�l�`�a�,��+� ��r��nn��r�� Matt Cook, Senior Director About Us.... - Services.... - Sections.... • � ,; . � y�. ': ':f f 4� � � S..Y ��'� �.:� �.� �� i F Xi�� rand Registr��ian Sringing �,iquor Stock �n Colorada Enforcement Summaries Master File Licenses (�ffice Locations Opinions and Position Sxat�ments ��sponsibl� Vendors Tab�cco Enforcemen# �rogram 'vf i~ i i 4 4 ii 1.+� 4J `�. �£ '� £ lJ �� Alcohal/Tobacca T�x 8� Trade Bure�u �e� S�h�d�l� Forms �,a�nr� ar�� i�ules L��r�� ar�d ��rmits Other �elat�d Links Pub�fcatior�� & lnfo �am ph �et� Li�uor �.icer��e L,��ts � �::�i�k �.��'�� Government Services Int�ernal Revenue 5e�vice � Labar and Empiaymen# Local Cavernments Praperty and Taxation Secr�tary of ��at� S�at� Teiephone Direc�tor�r 4✓ ��Y t'� � a�/ +� i i S i ti1' 1�F !� W '�4.1::��s�" • Printer-Fri�ndly V�rsion � Text-Friendly Version COLORADO Seller - Server Training Standards-2004 Preamble Laura K. Harris, Director �. These Training Standards are the result of a cooperative effort of a workgroup comprised of representatives of local law enforcement, the liquor industry, municipal and county governments, local and national selier — server training programs, and the legal profession which met during May and June, 2004. Chaired by the Liquor Enforcement Division Director, the group convened following the passage of Senate Bill 04-093, which required 'the Liquor Enforcement Division Director to establish seller/server training standards using input from these interested persons. These standards are also to be used to comp(y with House Bill 04-1021, which required the Division to establish training standards for off-premises licensees and employees desirous of conducting beverage alcohol tastings. As mandated by this legislation, compliance with these standards by Colorado liquor and beer licensees designates licensees as "Responsible Vendors" and also requires local and state authorities to consider completion of the training as a mitigating factor when imposing penalties for sales to minor violations that are detected during compliance checks. Finally, participation in the seller — server training to become a"Responsible Vendor" is not mandatory. However, it should be noted that there was unanimous agreement by workgroup participants regarding the value of server training for on-site owners, managers and sellers — servers of beverage alcohol. The Division encourages government and all seller — server training programs to incorporate these minimum standards into their training programs for use in Colorado. I. Core Program Standards A. Must be attended by resident on-site owner (if applicable}, all mangers, and employees selling — serving beverage alcohol. 4nce a licensee has been designated as a"Responsible Vendor" all new employees must complete this training within 60 days. (Note: I# is not the intent of this section to require participation by non- resident owners or non-resident o�cers, dir�ctors ar stockholders, but rather to insure participaiion by those resident owners actually involved with the day to day operation of the business). B. Recertification must occur every 2 years. C. Minimum program time 4 hours D. Program provides written documentation of program attendance by/for each attendee E. Program must have a method of evaluating its own effectiveness through 1. Testing of attendees for knowledge 2. Surveys of program effectiveness received from attendees 3. Verbal attendee feedback or discussion t�at is documented by program providers II. Core Curriculum �tandards A. Discussion concerning Alcohol's Physical Effects 1. Alcohol's effects on the body 2. Visible signs of intoxication http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=responsiblevendors/standards 12/S/2007 �► Colorado Department of Revenue Pa e 2 of 3 y� g a. What are the signs? b. Recognizing the signs 6. Liquor Liability 1. Civil liability 2. Criminal liability 3. Administrative liability (License Sanctions) 4. Licensee and Manager have additional liability for the actions of their employees C. Sales to Visibly Intoxicated Persons 1. Colorado law provisions 2. Recognition and prevention 3. Intervention techniques 4. Related laws or issues a. DUI/DWAI b. Regulation 47-900, loitering of visibly intoxicated persons prohibited D. Sales to Minors 1. Colorado law provisions a. Sale and Service b. Permitting Consumption 2. Acceptable forms of Identification - Regulation 47-912 a. How to check I.D.'s - protocol b. Spotting false identification c. Mistake� made when checking E. Local Licensing and Enforcement 1. What is their involvement with alcohol licensing and enforcement in Colorado? 2. Encourage licensees to develop a working relationship with these agencies 3. Licensee encouraged to leam specialized local law provisions affecting their business F. State Licensing and Enforcement 1. Colorado Liquor Enforcement Division a. What is their involvement with alcohol licensing and enforcement in Colorado? b. How to contact 2. Encourage licensees to develop a working relationship with this agency G. Other key state laws and rules affecting owners, managers, sellers and servers 1. Age of servers CRS 12-47-901(5)(a)(I) http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=responsiblevendors/standards 12/5/2047 Colorado Department of Revenue P��e 3 of 3 ti � 2. Provisions for confiscating fraudulent I.D. C.R.S. 12-47-901(5)(a)(II and ill) 3. Removai of liquor from on-premises licensed establishment prohibited, Regulation 47-918. Removal of a partially consumed bottle of vinous liquor (1 bottle not exceeding 750 ml) from licensed restaurants is aliowed by consumer if it is resealed. 4. Patrons prohibited from bringing liquor onto licensed premises, C.R.S. 12-47-901(1)(h) 5. Permitted hours of sales and service, C.R.S. 12-47-901(5)(b) 6. Conduct of establishment, Regulation 47-900 a. Activity offensive to senses of average citizen b. Nudity and prohibited entertainment 7. Requirement to permit inspections by State and local licensing and enforcement authorities, Regulation 47-700 8. Changes in ownership and management must be reported, C.R.S. 12-47-301(7)(8) 9. Licensee responsible for activities occurring within licensed premises a. Private parties - licensee held accountable for all liquor law violations within their premises 10. Tasfings — Qff-Premises establishments with local opt-in, C.R.S. 12-47-301(10) 11. Purchases by On-premises retailers ($1000 H/r -$500 all others). H. Recommendations for Licensees 1. Establish policies and procedures 2. Establish a record keeping system to document activities and events 3. Contact local authority on incident reporting expectations Mat� Cook, Senior Director Laura K. Harris, Director f3epartrraent Home • D�v�sion �nme Tap • State Home � Feder�f Hame • Cont�ct Us '��,.<'ir:� :'€iy�?t `�`:"i l�..3::t�, `si31;,`,Cii(:s".} �.1(;�:i:t;'�f+if::f'E� i:i i�i.�i�E.?i}:.'t•:•� i�C:'vi�t. ��i��.:l�'#t3F'3' _ ��'� _ http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=responsiblevendors/standards 12/5/2007 A Colorado Department of Revenue Pa e 1 of 3 , g �� f �.�qc�orl�'��+�� +��r�� Mat# Cook, Senior Director Laura K. Harris, Director About Us.... - Services.... � Sections.... � � i i; r.. •;.� pi �"'w .: +�. f... . », rr � � ... .i't. 'y) •�A4t�. .�lA<.! �;''„j. Brand Registration Bringing Liquor Stock in Colorado Enforcement Summaries Masfier File Licenses C�ffice Loca#ions �Jpinions and Position Statements Respansibl� Vendors Tobacco Enforcement Pragram �.x�c�� :��.f�� Alcohoi/iabacco Tax & irad� Bureau �ee �chedul� �orms Laws and Rules �.icens�s and �ermits {3ther Related Links Puk��ications & info Pamphlets Liquor �.icense Lists �� ;��.� Government Services Internal Revenue Service Labor and Emplayment l�o�at �avernments Property ar�d i'axation S�cret��ry of State S�ate Telephone �irectary �� t �;� �'� �� +��:�:� � Prir�ter-Friend�y Version � Text-�riendly Version Regulation 47-605. Responsible Alcohol Beverage Vendor and Permitted Tastings by Retail Liquor Stores and Liquor Licensed Drug Stores To be considered a Responsible Alcohol Beverage Vendor at any licensed premises, or to serve beverage alcohol at tastings held in retail liquor stores or liquor licensed drugstores, the following standards must be complied with. A) Training Program Standards 1) Must be attended by resident on-site owner (if applicable), managers, and employees selling/serving alcohol beverages 2) Once a licensee is designated a"Responsible Vendor," all new employees must complete the training described in this regulation with 90 days 3) Recertification must occur every two (2) years 4) Minimum program time four (4) hours for initial certification. Those seeking recertification are exempt upon the showing of proficiency in the knowledge of new and existing alcohol beverage laws. 5) Program must provide written documentation of attendance by/for each attendee 6) Program must have a method of evaluating its own effectiveness through: a) Test attendees for knowledge b) Survey program effectiveness from attendees or verbal attendee feed back, or c) Discussion that is documented by program providers B) Training class core curriculum 1) Discussion concerning alcohol's effects on the human body a) Alcohol's physical effects b) Visible signs of intoxication c) Recognizing the signs 2) Liquor Liability a) Civil liability b) Criminal liability c) Administrative liability (License Sanctions) d) Liability for licensee and/or managers for the actions of employees http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=ColRegCode/47605 12/5/2007 Colorado Department of Revenue 3) Sales to visibly intoxicated persons a) Colorado law provisions b) Recognition and prevention � c) Intervention techniques d) Related laws or issues (1) DUI/DWQI (2) Reg. 47-900 — Loitering prohibited 4) Sales to minors a) Colorado law provisions b) Sale and service c) Permitting consumption 5) Acceptable forms of Identification (Reg. 47-912) � a) How to check identification - protocol b) Spotting false identification c) Mistakes made in verification 6) Local Licensing and Enforcement a) Encourage to become familiar with local law provisions b) Encourage to develop a relationship with local agencies 7) State Licensing and Enforcement a) How to contact the Liquor Enforcement Division b) Become famiiiar with state law provisions c) Encourage to develop a relationship with area investigator • Pa�e 2 of 3 � : 8) Other key state laws and rules affecting owners, managers, sellers, and servers a) Age requirements for servers b) Provisions for confiscating fraudulent identifications c) Removal of liquor from on-premises licensed establishment d) Patrons prohibited from bringing liquor onto licensed premises e) Permitted hours of sale and service f) Conduct of establishment g) Nudity and prohibited entertainment h) Permitting inspections by state and local licensing and enforcement http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=ColRegCode/47605 12/5/2007 • � f, Colorado Department of Revenue Matt Caok, Senior Director Department Home • Divis�on Horr�e Page 3 of 3 authorities i� Reporting changes in ownership and management j) Licensee responsible for activities occurring within licensed premises k) Tastings in retaif liquor stores and liquor licensed drugstores I) Prohibited purchases � 9) Recommendations for Licensees a) Establish policies and procedures. b) Establish a record keeping system to document activities and events c) Contact local authority on incident reporting expectations Laura K. Harris, Director Top • State Home • Federat Home • Contact Us �`i�� .� y'�,y:� i,,; ,ti�.,. ..,{� ' � )�iC'i tii�C:.'r�i Li.� i^t;. .!'.'��. \/ �.t k � , �..f : .. .« �.i :.i : � � L.. ..i ; l. ! c� `•� �J £., Y ) t � . . :. i %� �i ��%��.r� ��s��'.t�i http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=ColRegCode/47605 12/5/2007 � � � Colorado Liquor Enforcement Division FI NAL P�S ITION Donation of Alcohol Beverages to Non-profit/Charitable Organizations January 3�, 2004 The purpose of enforcement in the followin scenarios is to reserve th g p at area of state liquor law that prevents a licensed supplier from providing a financial benefit to any licensed retailer (liquor store, restaurant, hotel, tavern) when its intent was to provide financial benefit to non-profit or charitable organizations. This financial benefit usually takes the form of a product donation. It was the Liquor Enforcement Division's intent to prescribe the applicable rules in Regulation 47-1010. Because the content of that regulation is confusin to the . . . . . . . . g average reader, the Division presents this document for clarif�cation to all concerned. The Division intends to amend Regulation 47-1010 in 2004 to make it "user friendly." �Note: any reference made to "non-profits" includes charitable organizations ) WHEN A NON-PROFIT OR CHARITABLE ORGANIZATION HOLDS A FUND-RAISING EVENT BY SECURING A SPECIAL EVENTS LIQUOR PERMIT AND SEEKS DONATIONS OF ALCOHOL BEVERAGE FROM A COLORADO WHOLESALER Applicable Law: Regulation 47-1010(B}: "A licensed who/esa/er may provide alcohol beverages to a specia/ event permittee at no cost if such beverages are used for hospitality purposes and are not resold by the drink. The wholesa/er may invoice such products at no cost to the permittee and shall ensure that all applicab/e taxes are paid. " 1. The wholesaler should make contact with the non-profit/charitable event coordinator to verify that a special events liquor permit has been obtained, naming the non-profit and the authorized location of� the event. Product delivery may be made only to this location unless both entities have made special arrangements with the Liquor Enforcement Division. 2. Once the wholesaler has verified that the non-profit is selling a single ticket to the � event (hospitality purposes), rather than selling alcohol beverages by the drink, the wholesaler m� make a product donation by preparing a"zero-cost invoice" to the Special Events Permit holder. The invoice should describe the product donated, the name of the non-profit organization, and the location of the event. 3. Wholesalers may assist in pouring samples at the licensed event. � �� Final Position Alcohol Beverage Donations Page 2 4. While Special Event Permit hoiders maypurchase alcohol beverages from a liquor store for a licensed event, purs.uant ta Regulation 47-1008, Regulation 47-1010 only authorizes a product donation from a licensed su i er (wholesaler, brew pub, micro- brewery, Colorado winery). � . WHEN A N4N-PROFIT OR CHARITABLE ORGANIZATION HOLDS A FUND-RAISING EVENT IN A RESTAURANT, HOTEL, OR TAVERN (ON-PREMISES RETAILER) AND SEEKS D4NATIDNS OF ALC�H4L BEVERAGE FROM A COLORADO WHOLESALER Applicable Law: Regulation 47-1010(B): "[continued from above].. When product is being donated for the use of a non-profit, charitable or community group and the event or activity is being he/d at a retai/ outlet licensed � pursuant to A�rticle 46 or 4 7 of Tit/e � 2, the wholesa/er may invoice the retailer at no cost for such products if the retail licensee consents to such an arrangement. Any such donated product which is unused must be returned by the retailer, to the wholesaler, as soon as practicable after the event. If t�e unused product is not returned, then the wholesa/er must charge the retailer at least the minimum of cost for these products. 1. The wholesaler should make contact with the non-profit/charitable event coordinator to verify that the product donation will be for a bona-fide fundraising event. The wholesaler's failure to exercise due diligence in this area could result in administrative sanctions. 2. The wholesaler will then prepare a"zero-cost invoice" to the on-premises retailer, describing (in the body of the invoice) the product donated, the name of the non- profit organization, and the date of the event. . The wholesaler may only deliver- this donated product to the designated on-premises licensed account. 3. Wholesalers and retailers may assist in the pouring of alcohol beverage samples. 4. The on-premises retailer may not receive any direct or indirect benefit from alcohol beverage product donations. All proceeds collected for fiicket sales (food and beverage} must be made payable to the non-profit organization only. The on- premises licensee may then bill the non-profit for the venue's normal and customary price for food and rental (rooms and equipment), including sales taxes, but may not charge the non-profit a"corkage fee" for lost alcohol beverage sales, nor may they inflate the price of the food or rent. � � � Final Position Alcohol Beverage Donations Page 3 5. Liquor store licensees may provide assistance to non-profits during these events, as long as they do not receive any financial benefit. The liquor store can provide labar, the cost of advertising (radio, tv, newspaper, fiiers), signage, and their own materials that advertise the price and availability of alcohol beverage products at their liquor store. They may assist non-profit representatives in securing alcohol beverage donations from licensed wholesalers, only be providing a list of licensed wholesalers in their area. 6. Liquor store licensees MAY NOT take an alcohol beverage order at the event; charge any fee to the public, the non-profit, or the on-premises retailer; or, take any of their own alcohol beverage stock onto the event premises. Liquor stores may sell tickets on behalf ofi the non-profit or charity within their store, pursuant to Section 12- 47-447(1), C.R.S., as long as the retailer does not receive any compensation for such sale. The fees collected are to be held in trust for the non-profit or charity. 7. Any retailer's failure to exercise due diligence in ensuring that they receive no benefit from a wholesaler's product donation could result in administrative sanctions. WHEN A NON-PROFIT OR CHARITABLE 4RGANIZATION HCJLDS A FUND-RAISING EVENT IN A RESTAURANT, HOTEL, OR TAVERN AND SEEKS DONATIONS OF ALCOHCJL BEVERAGE FR�M A C4LORADO LIQUOR ST�RE 1. The liquor store must prepare an invoice to �he on-premises retailer, describing the alcohol beverage products, and their normal retail price for said goods. While the on-premises retailer will not actuaily pay for these products (because they are donations), the value of that alcohol beverage will be applied to the on-premises licensee's $540.00 yearly limit for liquor store purchase pursuant to Section 12-47- 411(6)(b), C.R.S. 2. Th,e on-premises retailer may not receive any direct or indirect benefit from alcohol beverage product donations. All proceeds collected for ticket sales (food and beverage) must be made payable to the non-profit organization only. The on- premises licensee may then bill the non-profit for the venue's normal and customary price for food and room rental (including sales taxes), but may not charge the non- pro�t a"corkage fee" for lost alcohol beverage sales, nor may they inflate the price of the food or rent. 8. Liquor store licensees may provide assistance to non-profits during these events, as long as they do not receive any financial benefit. The liquor store can provide labor, the cost of advertising (radio, tv, newspaper, fliers), signage, and their own � Final Position Alcohol Beverage Donations Page 4 materials that advertise the price and availability of aicohoi beverage products �at their li uor store. They may also assist non-profit representatives in securing alcohol q .. . . bevera e donations from iicensed wholesalers, only b� prov�ding a I�st of lic�nsed g wholesalers in their area. � 3. Li uor store licensees MAY N4T take an alcohol beverage order at the event; and q , , . . may not charge any fee to the public, the non-prof�t, or the on-premises reta�ler. Liquor stores may sell tickets on behalf of the non-profit within th�eir store, pursuant � to Section 12-47�407(1), C.R.S., as long as fihe retailer does not receive any compensation for such sale. The fees collected are to be held in trust for the nan- profit or charity. 4. Any retailer's failure to exercise due diligence in ensuring that they receive no bene�t from a wholesaler's product donafiion could result in administrative sanctions. WHEN A RETAIL LIQUQR STC�RE WANTS TU HOLD AN ALCOHOL BEVERAGE TASTING AND NO NUN-PROFIT aR CHARITY IS tNVOLVED Li uor stores may hold, sponsor, ar coordinate wine tastings for private functions or to a . . . . . the general publ�c, but only under rules that insure compl�ance with Colorado.L�quor Code. The first and most important rule is that tastings of alcohol beverage� cannot take iace in an off- remises licensed establishrrient, such as liquor stores or liquor licen�se� p p , , . . . . dru stores. However, there is a current legislat�ve proposal, wh�ch �f passed, w�ll 9 amend this section of the position letter. If the tasting occurs in a pri_, vate location that is not a liquor licensed premises the following guidelines must be adhered to: 1. The sampling must be by invitation only. 2. Absolutel no fee ma be char ed. The sampling, while it may include food or other items, must be totally gratuitous. 3. No orders for the products can be taken at the time of the tasting. Persons attending the tasting may only be told where products are available for sale. 4. The products tasted may be supplied by the liquor store or by a lic.ensed wholesaler. However, A WH�LESALER MAY NOT DELIVEF� THE PRODUCT TO THE UNLICENSED LOCATION. 5. All normal liquor cade age and intoxication restrictions apply. �� Final Position Alcohol Beverage Donations Page 5 If the tasting occurs in an on-premises account (hotel, restaurant, tavern) the following guidelines must be adhered to: 1. The tasting may be either private or open to the public. 2. The products tasted may be supplied by either a licensed wholesaler or by a retail liquor store (within the $500 annual retail store purchase exemption). Products supplied by a licensed wholesaler must be sold, at no less than cost, and invoiced to the on-premises licensee, if participants are charged a fee. 3. Any admittance fee, must be collected and retained by the on-premises retail licensee at whose establishment the tasting is being held. 4. Absolutel�no fee (direct or indirect) mav be charqed or collected bv the liquor store licensee (e.g. selling a glass to the participant). 5. No orders for the products tasted can be taken at the time of the tasting. Persons attending may only be told where they might purchase the products. 6. Personnel of either the on-premises licensee or off premises licensee may pour products during the tasting. No wholesale representative may provide free labor if the on-premises licensee is charging a fee for admittance. 7. All normal liquor code age and intoxication restrictions apply. 8. The on-premises licensee must pay all applicable sales taxes for any products consumed during the tasting. DUI: The $10,000 ride home - MSN Mone y Page 1 of 2 Ti�e Basics DUI: The $�O,a00 ride home � A fine is just the s�art of what you'll pay for a drunken-driving canvictian. Insurance-r bilis, aicohal treatment and licensin fees can ush th ��e �ncreases, legal 9 p e cost �n�a ��ve frgures. By Christopher Solomon . _ ____ _ _ _.. _ ___ _______ _ __ _ ._ ..----- _ _ _ _ __ _ . _ _ . . ___ _ ___- _. __ _ _ __ _ _ _ __ _ . _ _ _ ____ _ _ _ _ __ _ _ __ ____ _ ___ If you need any more reasons not to drink and drive, cansider this: A drivin -un conviction is a�nancial wrecking ba(I. A ty ica! DUI cos s � der-tt�e-�nfiuence P t about $10,000 by the time you pay baii, fines, fees and insurance, even if you didn't hit anything or hurt anybody. ' The penalties are intended to be discouraging. Alcohol �piayed a rale in nearly 40% of U.S. auta fatal�ties in 2405. That's 16,885 deaths, a figure nearly unchan ed over th mQa�r� to fihe National Highway Traffic Safet Administrafiion. 9 e past decade, accordrng . Y But states are c�acking down. The last of �the 50 states have lowered their thresholds for DUI to 0.08% biood-alcohol content. Police arrested 1.37 milfian peopie last year for drivin under alc ' 9 ohoi s gr�p, about one in every 140 licensed drivers, the FBI says: � But forget the humiliation and hassle for now. Forget the toll an lives. Just look at what a DUI d your wallet: . oes to Bail. You'll have to shell out bail to get released after your arrest. Cost: $150-$2,5�0. (Costs shown in this arti�le are for first-time DUI offenders. Costs and penalties are often more severe if you're a repeat offender or your biood-alcohol cantent is above a.15°/a.) �ore Frotx� ��N . .. .. �� K ... �' � f. 4Y' �%� r�yF,.; .F'� �.��. � '�. e . � ..;:''..,;�:•`' �t,'. �,'.''::. .;,'. . .. . ... ' � 'i'.:1 R. .';' :. :" Cut the .�ost�,_of.i.nsurin.g y_our.te�.n_driver Swimming in__the. assigned-risk_pool Pi.mped..you_�- ride?..Get read.y to pay . t._paXs. �o.fight.--.or..avaid _- a_speeding _iicket How..safe is your car in a cr�sh? Towing. When you're arresfied, your car gets towed. In some places, re�rieving ifi costs onl 100 or so. But Chicago, sensing a moneymakin o y� g pportunity, ensures it realiy hurts: The city charges about $1,20� for the first 24 hours and $50 for each additional day of storage, says Chicago DUI defense attorney Harold Waliin. If you can't afford to get your car after 30 days, the city auctions it and then comes after you with a civi! judgment for the impoundment bill, if the car`s sale didn't cover the fees. Some cities around Chicago are doing the same, Wallin says. Cost: $10�-$1,200. Insurance. 4ne of the biggest hits a drunken driver takes is in his insurance premiums. "If you get�a DUI conviction, it wiil I.ikely affect your insurance rates for (at feast} the next three to five years, says Carole Walker, the executive director of the Rocky Mountain Insurance Information Association. How much? "They could double, triple, even quadruple," Walker says. Some companies such as State Farm Insurance will move you to a portion of the company that handles highe�-risk policies. But "many insurance companies will drop you even upon arrest, regardless of conviction," says Steven .Qberman, a Knoxville, Tenn., DUI attorney. And if your policy isn`t renewed, you'll have to t � http://articles.moneycentral.msn.com/Insurance/InsureYourCax/DUI ' The$14�OORideHome.a... 3/7/2007 DUI: The $10,000 ride home - MSN Money to find insuran�e someplace else or see whether your state has an assigned-risk, pc��! for insurance. Either way, you'll pay for it. For example: IIlinois estimates that the high-risk insur�ince costs an additional �1,500 a year for three years, on average. �i�deo an l+��N Money '\;• i��s4��,' / 4�y ;f �Y�1 �S � r y .. 3:_ x' � q ,�. . 2 � � :'A� , �� . 1 � • ... .. '��,., ri . , . . � 3'� :'�i�'.,,� . The roadside embarrassment is just the start. iNatch out for the hidden cost of a traffic ticket. Don't pay the price if you don `t have to. Click here .ta .pfa�_ the. video. Wtiy three years? Most insurance companies look at records for at ieast three y�� =�r; and sometimes for five years, Walker says. To begin rebuilding your reputation in an insurer's e�es, you have to keep your nose completely c(ean -- no speeding tickets or other traffic citations. � But the financial impact af that DUI doesn't end after three years: You'if likely ha��e to go as many as fiv� more years, incident-free, to get back to the "preferred" status with fihe low�5t premiums that you perhaps once enjoyed. In short, "it can be up to eight years afterward" tha� the DUI can affect you, Walker says. Ouch. Cost: $4,50� or more. Legal fees. Attorneys might charge as little as $500 to enter a quick plea. But ��v:th so mu�h at stake, many people accused of DUI fight the charge. That's when things start t_� add up. Attorney Oberman says legal represenfiation can cosfi anywhere from $2,5�0 tc> $z5,000, depending on the rigor and complexity of the defense. But that`s not the only fee. Ubermai� says a vigorous defense sometimes requires hiring an investigator {$i,440 to $3,000} to exami�� the arrest scene to poke hofes in the arresting afficer's story, There �may be a need for expert witr�sses who can testify about the accuracy, or lack thereof, of field sobriety tests ($3,�00 and up). Us�ally�, attorney Waliin says, fees are $2,000 to $3,40Q for a trial on a first-offense case, although they can climb to $7,500 ar more with some lawyers. "A lot af times, my fees are some of the sma!lest �:xpenses that people have to worry about," given alf the other costs, he says. Cost: $2,000-$25�t�1,�p. �. � 2 � next_> Rate this Article .. . . . . . . Click on the stars below to rate this article from 1 to 5 LowHigh . . ... . .. . E-mait..us.y.our..comments on..this article Vi.ew.a�l.to�-rated arti�les Page 2 of 2 http://axticles.moneycentral.msn.com/Insurance/InsureYou� Car/DUIThe$ l 0000RideHom e.a... 3/7/2007 WOF�KING TOGETHER VVE CAN PREVENT DUI' S The card � POLICE DEPARTMENT Front , WORKING TOGETH�R VVE C.AN PREVENT DU I' S The bearer of this card is entitled to free parking from 3 p.m. to 11 a.m. in the Vail Transportation Center/Lionshead Parking Structure. The vehicle must be removed from the structure by 11 a.m. or p.arking fees will be incurred. This card is to be given to the toll booth attendant upon leaving the structure. Th�nk you for making the right decision, from the�Vail P.D. Officer # Date � Back � � The rules • Caxd entitles bearer free parking until l l.a.m. the next day. � �• Cards are distributed by Vail Parking Supervisor. Walk to. the main booth, at the Village o,r Lionshead Structur�, ask booth attendant to call a supervisor for a caxd.. • Vail police will distribute cards after 12:30 a.m. � � • The Information Centers have a very limited supply of caxds, as a last resort source. • The caxd is given to the booth attendant, with the entry ticket upon leaving the structure . • In order to get a caxd, a signature is required. If it appears that the caxd system is being abused by an individual, no fi.�ther cards will be given to that indiv'i.dual. . � LIQUOR ENFORCEMENT DIVISION Department of Revenue ,��.� r-� Business Location 1881 Pierce Street, Suite 108A, Lakewood, CO 80214 Phone (303) 205-2300 FAX (303) 205-2341 E-mail: i�� r�sp�KE,dar stat�.cc us Website: www.revenue.state.co.us/liquor dir/liquor.html 4~'" �°p . � �� '�► � �� Biil Owens Governor ti�. Michael Coake Executive Director Matt D. Cook Division Director January 2, 2007 Re: Position Statement — Gift Baskets Dear Ms. Ressler: The Liquor Enforcement Division has received your request for a Statement of Position in which you ask if your client could create a joint venture with a retail liquor store for the purpose of selling gift baskets containing wine and if those gift baskets could be sold under the retail liquor store's existing license. � The Colorado Liquor Code, section 12-47-301(3)(a) C.R.S., states, in part, that each liquor license is separate and distinct and that it is unlawful for an erson to YP exercise the privileges of a license granted to another person or for a licensee to allow any other person to exercise the pr�vileges granted under the licensee's license. This section also states that a separate license shall be issued for each specific business or business entity. � It is the Division's position that, if your client enters into a joint venture agreement with an existing retail liquor store licensee, a new business entity is formed and that the existing liquor license must be transferred to that new business entity. Additionally, if that, or any other, retail liquor store licensee elects to sell gift baskets, those gift baskets may only contain the items that are approved for sale by a retail liquor store in accordance with section 12-47-407(1) C.R.S. and Regulation 47-416, 1 CCR 203-2. Should your client choose to operate an independent gift basket business, your client may not provide or sell any alcohol beverage product in any gift basket. However, it would be permissible for patrons purchasing the gift baskets to provide an alcohol beverage product, purchased from a retail liquor store and delivered to your client by the patron, for inclusion in the gift basket so long as your client does not charge any additional fee for the inclusion or delivery of the alcohol beverage p rod u ct. Statement of Position Lyndsay S. Ress/er Page 2 Should you disagree with this Statement of Position, you may appeai by seeking a Declaratory �rder from the State Licensing Authority. An appeal is governed by the provisions of Regulation 47-200 and must be made within thirty days of this Statement of Position. If you have any additional questions regarding this matter please feel free to contact me. Sincerely, Donald Pace Investigator Approved by Matt D. Cook, Division Director Colorado Department of Revenue Pa�e 1 0�' 1 i x y. .. Mk s x �,r a � *M � ,.--1.. �a � � � � .� �"' �a �� ,w. �-* � �. � �,,;� 3 '�...�3 E ' �`� � �... � � '� � � � �,✓ �r � �,. �..• `� � �� 1r � i : � �.."" �� "� ,. � w Matt Cook, Senior Director Laura K. Harris, Qirector About Us.... - Services.... - Sections.... � - , � ;�;;; .�. ,,� "� .. k. ,.._ , � . ,. i � 4 i.'. � � �.w' •..�. a.l�: � i.i 4 � 'Y •..b �ranrf Registration B�inging Liquor Stock in Co�orado Enforcement Summaries Master File Licenses Office Locations +C)pinions �nd Pos�tion Statements Respar�sible Vendors Tobacco �nfarcernent Program �: , � . ��x��.: .:,;,�� `,�>��M�� Alcohoft?'a�bacco �'ax & Tratle Bureau �e� Schedule Forms L�aws aE�d Rul+�s L.icenses and ��rrnits Uther Rela#ed Links P�ublicatians � lnfo Pamphlets L�quc�r License �.isis :� .. ,. . , . f .,,,� � :� �� .., ; : : � w� G�ve+rnmen# Serv�c�s #n�ernat f�evenue Service Regulation 47-304. Transfer of �wnership A. If the applicant for any license under Articles 46 or 47 of Title 12 is a corporation, it shail submit with the application, the names and addresses of all its officers and directors and a copy of its articles of incorporation; and if a foreign corporation, evidence of its qualification to do business within this State. In addition, each corporate applicant shail submit the names, addresses and individual history records on forms approved by the state licensing authority of all persons owning 10% or more of the outstanding or issued capital stock. 6. Any transfer of capital stock and any change in officers or directors of any corporation holding a license under the provisions of the Colorado Liquor or Beer Code and which is not subject to the reporting requirements of the Securities and Exchange Act of 1934, as amended, shall be reported to the respective licensing authorities within thirty (30) days after such transfer or change. C. Corporate licensees subject to the Securities and Exchange Act of 1934, as amended, shalf submit the names and addresses of all persons owning 10% or more of the outstanding or issued capital stock, not more than thirty (30) days after such ownership occurs; and shall submit the names and addresses of all corporate officers within thirty (30) days after their appointments. D. All reports required by this regulation shall be made on forms supplied by the Department of Revenue, Liquor Enforcement Division. Labar and Em�loyrx�ent E. For all applicants for the issuance of a license by reason of a transfer of possession �.ocai �overnments of the licensed premises by operation of law (bankruptcy, receivership, foreclosure, Praperty and iaxation eviction, etc.) ihe licensing authorities shail consider only the requirements of C.R.S. ��r�� 12-47-307. The loss of possession of the premises by the licensee does not in itself automatically invalidate, cancel or terminate the underlying license. An applicant who Sxate Tel�p�hane Dire�tory otherwise comes into possession of the licensed premises by operation of law, may apply for a transfer of the underlying license as provided by law pursuant to C.R.S. 12- �.��;_��°�~� �°£;{� �;;;�;}�; 47-303. However, this provision does not prohibit a licensing authority from initiating -� any action as provided by law to suspend or revoke a license for loss of possession of ''�'�� ` the licensed premises. • Pr�nte�-Fri�ndly 1/ersion F. No application for a transfer of ownership may be received or acted upon by either • T�x�-Frier�c��y Version the state or locai licensing authority if the previous licensee has surrendered its license and had it canceled by either authority prior to submission of the transfer application. In cases where cancellation has occurred prior to the submission of a transfer of ownership application, the license applicant shall follow the procedures for a new license application pursuant to 12-47-311 C. R.S. Matt Cook, Senior Director Laura K. Harris, D�rector Department Hame • Division Hame Top • State Home • Federal Mome • Contact Us . ,;� ; . , .. , .., ,.. r, , .., ., ;'r : , . .:: ;�;, .. ,.i��: •.+";�.. . . ;�.� : ... . . . . ... . . . :' . .. >, �"'s �'J4:i�.•s ��)i.ci.::iila.:":. http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=ColRegCode/473�4 12/S/2007 Colorado Department of Revenue Page 1 �f 1 �� .i��ar��`�� a�c��r�� Mat# Cook; Senior Director Laura K. Harris, Director About Us.... - Services.... - Sections.... � : � � �;� �, ,: "'� � �.� ..�Y'�.af`�."'c F'}�":M Y �� . v 1 • ,iM V'1 1 � :.� 'ti/ ! { '.� Brand Registra#ion Bringing Liquor Stock in Coiorado Enforcement Summaries Master File Licenses ��'ice l�ocations �pinions and Position Statements Responsible Vendors T�bacca Enfarcem�nt Program ��bF��• �:��°r►�� Alcoholl'�obacco Tax & Trade Bureau �e� 5c��dule Forr�s L.aws ar�td R�les �.icen�es and P'ermits {��h�r �etated Links �ublicaiion� � 1r�fo Pamphie#s �.it�uar License L.ists �� overnment Serv�ces lnxernaf Revenue Service La�or and Emplayment Locaf Gavernments �'raperty and 7axatian Se�retary of �tate S�ate T�lephone Directory �e�F �� 7'��i� ��t� _. ._. �+t3;. ��` . • Printer-Friendly Versian • Tex�-FrienGiy Versian Faod Service Requirements 3.2 % Beer Licenses: 3.2% Beer Licensees are not obligated to serve food at any time. On-Premises Liquor Licenses: Club licensees, Arts licensees, Optional premises licensees, and Pubiic Transportation System licensees are not obiigated to serve food at any time. Hotel and Restaurant licensees must have fuil meals available until 8:00 p.m. everyday, and snacks and sandwiches after 8:00 p.m. Food sales must provide at least 25% of the gross income from the sale of food and beverages. Brew Pubs must serve meals and must derive 15% of the on-premises gross sales from the sale of food. Taverns, Gaming Taverns, and Beer and Wine licensees must have sandwiches and snacks available during operating hours. Racetracks are required to have food available during hours of operation. When food is required to be served, it must be available wherever alcoholic beverages are served. Off-premises Liquor Licenses: Liquor stores are prohibited from the sale of food items except those approved by the State Licensing Authority that are prepackaged, labeled, directly related to the consumption of liquor, and are sold in containers up to 16 ounces for the purpose of cocktail garnish. Liquor-licensed Drug stores are not subject to prohibitions or requirements regarding sale of food items. IV�att Gook, Senior Direc#or Laura K, Harris, Directar L7epartment Home • C3ivis�on HQ�e Top • Sta#e Home • Federal Home • Conta�ct Us ,,. .,.,. ,i . � � . ;,; .,. - � .^. v, ,. >:::. . . , .�; .. . ... :•�i ;' , .,:�;:..."c,[. ., i�,' , .. . ... ::: ., :,.' , . . ., ., ..::F'. � i�l�iiit�;� wyi:�i�F:'s1{t':`�i� http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=publications/infopam4 12/5/2007 Colorado Department of Revenue Page 1 Qf 1 �� .i�� `�� c�� . Matt Cook, Senior Director Laura K. Harris, Director About Us.... - Services.... � Sections.... � - , � �" �� .� r��. � �. � ,. �� ; �.. „r, r.k '. ,�.° .� G ; j ' . .;, > �rand Registration Bringing Liquor Stock in Co��ra�a Enforcement 5ummaries Master Fiie Licenses t�ffice Locations C�pinions and Position Statements Res�pansibie Vendars Tobacco Enforcement Program �.k j a f 6€. •"� i�:: .�".�° 'c.i R''�� > s. i.A wb Alcoho�lTobacco T�x � T'rade Bureau Fe� �c��dule F�rms t��w� a�d �t �le� ��c��s�� and �ermits ath�r Ref��ed Links �'ublic�tions � Info Pamphlets Liquor License �.�st� •�tt� `,y 1' .. � ; .,� �."°" 'G ihii #: i�e R�`� i.,., t:£ �.d C�avzr�men# S�rvic�s Int�rnal R��rer�u� Service L�bor and Empiayment l�ocal �overnm�nts Praperty and Taxation S�� r��a r� o� �tate �tate �'�I�phone Directory � :��: �� t� +�t.D, i�� . • �r�n��r-Fr��ndly'Je�sion • Text��i�n�iy Versian Regulation 47-908. Automatic and Electronic Dispensing Systems. The installation of automatic and electronic dispensing systems by on-premises consumption licensees is authorized provided that the following requirements are complied with: A. Such equipment must avoid and in-series hook-up which would permit the contents of vinous and spirituous liquor bottfes or containers to flow from bottle in bottle before reaching the dispensing spigot or nozZ(e. Such equipment shall not permit intermixing of different brands, or differently labeled types, of the same kind of alcohol beverages within the dispensing systems. B. Where any part of such installation is within a locked area, upon demand to the licensee, such area shall be made available for inspection without delay; and upon request by an authorized representative of� the licensing authority, or peace officers, such licensees shalt open said area for inspection. C. Such equipment shafl not be coin operated and shall be operated personally and directly only by the licensee or employees thereof. D. No alcohol beverage shalf be sold, served or dispensed from such system equipment unless the brand names of the manufacturer's product, corresponding to the container from which the alcohol beverage is drawn, are conspicuously posted and visible to the customer; or are imprinted on a card, sign or plate, and are visible to the public. E. The installation of such equipment without compliance with any of the foregoing . rEquirements shall constitute good and sufficient cause far the suspension, cancellation . or revocation of the license. Matt Cook, Senior Director Laura K. Harris, Director �epart�nent �ome • �it�risior� Hor�e �'o� • State Home • �ed�raf Nome • C�r�tact Us .. .'�.. :/`�i-�. .. ... ,.... � ...i ...C+�� .. �� .. .,.�,1:.r,+. ..�� ..r: .�. , 4:i ,. �i� . . . ..., t""i�i'Scni��i .:�i:��k:3�s`:f;if`t http://ww�v.revenue.state.co.us/liquor dir/wrap.asp?incl=ColReg�'ode!47908 12/5/2007 Colorado Department of Revenue Page 1 o f 2 ° r �� x�� . � Matt Cook, Senior Directar About Us.... - Services.... � Sections.... i4 Y �+Pr +�y "'q . vii��:� �.w'3ts,�ti`•./�.li i�'b:+ � - ., 8rand Registration Bringing l.iquor Stock in ColBrado Enforcement Summaries Mast+�r File Licenses Uffice l.ocations apinio►ns and Position Statements Responsible Vendors Tobacco En#Qrcement Prograrn 'wl �� t� .:}� `� 1"� '�w�. �'7 :^:. 6 3 .n y n �+s M�< J t'�, w`i:i :`! 3 Sw i:r ��'"�. Alcohof/T'obacco 7ax � Trade Bureau ��e S�h�dule Farms �.aws and Ru1es �.icense� and Perm�ts �ther �elated �.inks P'ubi�cations � Info Pamphlets �iquor �.icen�e �.ists ,r�. ^ • '+� � � � �, �t.,�. 4 r i �. � Gov�rnment S�rvices internaf R�venue Service L.abor and Empioyment �ocai Governm�nts �roperty and `Taxation S�cretary of State Sta�e Telephone Directory � .,� ,,,,y �.. f� . �.J?.+C.1�BRa� i �i�q: ��C� � _. +�cr� ��,:� . • Prir ��r-Fri�ndly Versiar� • T�x�-�r�e�djy Version Laura K. Harris, Director .' �''r.■� Regulation 47-302. Changing, Altering, or Modifying Licensed Premises. A. After issuance of a license, the licensee shall make no physical change, alteration or modi�cation of the licensed premises which materially or substantially alters the I�censed premises or the usage of the licensed premises from the plans and specifications submitted at the time of obtaining the original license without the prior written consent of the local and state licensing authorities. For purposes of this regulation, physical changes, alterations or modifications of the licensed premises, or in the usage of the premises requiring prior written consent, shall include, but not be limited to, the following: . 1. Any increase or decrease in the total size or capacity of the licensed premises. 2. The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress and/or egress, when such common entryway doorway or passage alters or changes the sale or distribution of alcohol beverages � within the licensed premises. 3. Any substantial or material enlargement of a bar, or relocation of a bar, or addition of a separate bar. 4. Any material change in the interior of the premises that would affect the basic character of the premises or the physical structure that existed in the plan on file with the latest prior application. The foregoing shall not apply to painting and redecorating of premises; the installation or repla�cement of electric fixtures or equipment; the lowering of ceiling; the installation and replacement of floor coverings; the replacement of furniture and equipment, and other similar changes, nor to any non structural remodeling of a fermented rnalt beverage licensee's premises where the remodel does not expand the existing area designed for the display or sale of fermented malt beverage products. B. In making its decision with respect to any proposed changes, atterations or modifications, the licensing authority must consider whether the premises, as changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer codes and the Regulations promulgated thereunder. Factors to be taken into account by the licensing authority include, by way of illustration but not limited to, the following: 1. The reasonable requirements of the neighborhood and the desires of the adult inhabitants. 2. The possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement. 3. Compliance with the applicable zoning laws of the municipality, city and county or county. 4. Compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college, university, or seminary. 5. The legislative declaration that the Colorado Liquor and Beer Codes are an exercise � of the police powers of the state for the protection of the eeonomic and social welfare and the health, peace, and morals of the people of this state. http://www.revenue.state.co.us/liquor dir/wra .as ?incl=ColRe Code/ p p g 473 02 12/S/2007 Colorado Dcpartment of Rev�:nu�; Matt Cook, Senior Director ��rfirr��n� tiom� • �ivisic�r� �to�-r�� P�� ? �f ? C. If permission to change, alter or modify the licensed premises is denied, the licensing authority shall give notice in writing and shall state grounds upon which the application was denied. The licensee shall be entitled to a hearing on the denial if a request in writing is made to the licensing authority within fifteen days after the date of notice. D. This regulation shall not be applicable to the holder of a manufacturer's license as specifically defined in C.R.S. 12-47-402. � Laura K. Harris, Director � Top • S�ta.te Hame • Federal Home • Gonta�t Us . • , � �' � . . � � a. .� ✓ . �.I�. '..I: �.',t A �� ../'.. :l:' � . 'j... . ♦ .. . . . .. i <.. .� .. � �` t ��.YC�4� w•.�{{�{,�:��y •^,.ti. �, i l i http://www.revenue.state.co.us/liquor dir/wrap.asp?incl=ColRegCode/47302 12/S/2007 Fees Schedule Effective August 3, 2007 Updated October �5, 2007 - Changes are indicated in red State Administrative and Legal Fees Subpoena Testimony -$200.00 for first 4 hours of appearance or on-call or tr ' avel t�me to court and mileage, meals, and lodging at state employee per-diem rates. Actua! ho urly rate for all hours in excess of four (4). Copy Cost: .25cents per page. License Type and Fees Application Fee for New license Application fee for New License with Concurrent review Application fee Transfer of Ownership Application for Transfer of ownership with Concurrent review Art License Beer & Wine License Beer & Wine License Brew-Pub License Club License Hotel & Restaurant License Hotel & Restaurant License with optiona/ premises Liquor licensed Drugstore Liquor licensed Drugstore Optional Premises License Racetrack License Resort Complex License Retail Gaming Tavern License Retail Liquor Store License Retail Liquor Store License Tavern License Vintner's Restaurant Related Fees and Permits Addition of related facility Permits to existing Resort Complex License (each) Annual Renewal application fee Bed & Breakfast Permits Branch Warehouse or Warehouse Storage Permit Located I n City or County City or County City or County City orCounty City or County City County City or County City or County City or County City or County City County City or County City or County City or County City or County C ity County City or County City or County Located I n City or County City or County City or County City or County Local Fee $625.00 $625.00 $625.00 $625. 00 $41.25 $48.75 $63.75 $75.00 $41.25 $75.00 $75.00 $22.50 $37.50 $75.00 $75.00 $75.00 $75.00 $22.50 $37.50 $75.00 $75.0� State Fee $1025.40 $1125.00 $1025.00 $112�.00 $308. 75 $351.25 $436.25 $750.40 $308.75 $500.00 $500.00 $227.50 $312.50 $500.00 $500.00 $500.00 $500.00 $227.50 $312.50 $500.00 $750.00 Local Fee State Fee $100. 00 $75.00 $75.00 $0 $25.00 $50.00 $0 $100. 00 Related Fees and Permits Located In Local Fee State Fee Change of Location City or County $625.00 1 $ 50.00 Change of Trade name/ City or County $0 5 Corporate name $ 0.00 Related Fees and Permits Corp/LLC Change (per person) ma y be charged for background investigation by loca! OR state (not both) non Master File only Delivery Permit- Liquor Store or 3.2 % On & Off Duplicate License Expansion-add Optional Premises to existing Hotel and Restaurant Hotel/Tavern Manager's Registration Late RenewalApplication Fee Masterfile-State issued Mini Bar Permit(No OAP contribution) with Hotel/Restaurant license Modification of Premises Retail Warehouse Storage Permit Special Events Permit (Liquor) per event Special Events Permit (3.2%) per event Temporary Permit Out-of-State Shipping Permit (Wine Shipment Permit) 3.2% Beer Licensee Fees Retail 3.2% Beer On Premises Retail 3.2% Beer On Premises Retail 3.2% Beer 4ffPremises Retail 3.2% Beer Off Premises Retail 3.2% Beer4n/OffPremises Retail 3.2% Beer On/Off Premises Located I n City or County City or County City or County City or County City or County City or County City or County City or County City or County City or County City or County City or County City or County City or County Located I n City County City County City County 2 Local Fee State Fee �� oo.00 �� oo.00 $0 �� $0 $50.00 $0 $1 �0.00 $75.00 $500.00 �o $325.00 $0 �o $140.�0 $100.00 $100.00 $0 Loca I Fee $3.75 $7.50 $3.75 $7.50 $3.75 $7.50 $75.00 $0 $25.00 per location (Max. $? 000. 00 and $250.00 per person) $0 $150.00 ��oo.00 $25.0� $10.00 $0 $50.00 State Fee $96.25 $117.50 $96.25 $117.50 $96.25 $117.50 i 4 �� v Colorado Liquorand Beer Licensee Nandbook May 2004 Division Director Matt D. Cook License Directar Laura Harris Enforcement Program Managers . Ken Peterson Laura Harris The Colorado Liquor Enforcement Division has 4 field offices established throughout Colorado on a geographical basis. Each office is responsible for its own individual area. Licensing questions should first be directed to your local licensing authority (City or County where business is located), the local Division Office and then to the Division's Denver office. To report violations, contact your local Division field office. To determine which office you should telephone, find the office responsible for your county, as listed below: Counties Handled Adams, Arapahoe Clear Creek, Denver, Douglas, Elbert, Jefferson Gilpin, Summit �ffices & location Denver Office(Hdqtrs) 1881 Pierce St, Suite 108A Lakewood, CO 80214-1495 EI Paso, Park, Teller, Colorado Springs Office Alamosa, Archuleta Market Center Shopping Mall Baca, Bent, Chaffee 4420 Austin Bluffs Parkway Cheyenne, Conejos Colorado Sprgs, C� 80918 Costilla, Crowley, Custer, Freemont, Huerfano, Kiowa, La Plata, Las Animas, Lincoln, Mineral,Otero, Prowers, Pueblo, Rio Grande, Saguache Delta, Dolores, Eagle, Grand Junction Office Garfield,Grand, Gunnison, 222 S. 6#h Street, Hinsdale, Lake, Mesa, Room 425 Moffat, Montezuma, Grand Junction, CO 81501 Montrose,0uray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel Boulder, Kit Carson Greeley Office Larimer, Lincoln, 800 8th Avenue, Rm 325 Logan, Morgan, Phillips Greeley, CO 80631 Sedgewick, Washington, Weld, Yuma, Broom�eld, Jackson i Telephone&Fax 303-205-2300 Fax 303- 205-2341 719- 594-8702 Fax 719- 534-8713 970 - 248-7133 Fax 970 248-7139 970-356-3992 Fax 970-356-3992 Division Web Page �� The Liquor Enforcement Division has an informational web site that includes copies of ail Division pubiications, information pamphlets, the Colorado Li uor a and Beer Code Statutes and Regulations and copies of license and ermit p appiications. This web page can be found at http:/lvrrww.revenue.state.co.usl liquor dir/liquor.htmi Divison E-MailAddress The Division's E-mail address is: nhamby@spike.dor.state.co.us Copies of Liquor and Beer Gode Copies of the Colorado Liquor and Beer Code Statutes and Re ulations . g may be obtained� in Booklet form by contacting: State Forms Center 4200 Garfield Street Denver C� 80216-6517 Phone: 303-3 70-2165 I. Requirements to hold a retail liquor or 3.2% Beer license: Colorado liquor and beer retail licenses are issued by "dual" licensin .. , g authar�ties. Your local C�ty or County Clerk can provide applications and answer questions�concerning the application process. Your local licensing authority (City or County) must first approve all retail licenses before forwarding liquor and beer license a lications #o the State i pp L quor Enforcement Division. Licenses can take several months to ac uire and a therefore, you must communicate with your local licensing authority far in advance of your opening date. Failure to file applications far in advance of your opening date will most likely result in a delay. Colorado liquor and beer licenses may be issued in the name of natural persons, corporations, partnerships, and limited liability companies. Applicants and other persons involved with partnerships, carporations, or limited liability companies, must be at least 21 years of age. Persons under 21 may be involved with an established trust as long as the trustee is at least 21 and the person under 21 cannot benefit from the trust until that person reaches the age af 21. � 2 k' iA � � � All corporations and limited liabilit com anies must be r' ' Y p eg�stered w�th the Colorado Secretary of State's Office and authorized to do busin ' ess. Fore�gn corporations and foreign limited liability com anies must also re ister w' � P g ith the Secretary of State and be authorized to do business in Col orado. Applicants do �not have to be a United States citizen or a Color ' ado res�dent to acquire a liquor or beer license and the existence of a criminai . record does not preclude a person from licensure. However a licants wi '' , pp th crim�nai records must be able to provide evidence of rehabilitation or the ma . , y y be den�ed a i�cense. Sheriffs, deputy sheriffs, police officers, state li uor investi , q gators and prosecut�ng attorneys may not have a liquor license, but ma be issued a . Y 3.2% Beer I�cense. Ii. Compliance Inspections: Liquor licensees may be asked to allow a Com liance ins ection to p p be conducted at its place of business. Regulation 47-700 rovides "The . , , , � � � I�censed prem�ses, �nclud�ng any places of stora e where alcohol bever , 9 ag es are stored ord�spensed, shail be subjectto inspection b the State or Local . . .. , . Y L�cens�ng Author�t�es and the�r �nvesti ators, or eace officers duri . . 9 p . , ng ali bus�ness hours and all other t�mes of a arent activit for the ur , , . , . , Pp y, p pose of inspection or investigation. For examination of an invento or books and . v � records requ�red to be kept by licensees, access shaii �onl be re uired Y q during busin�ss hours. Where�any partofthe licensed remises consi p sts of a locked area, upon demand to the licensee, such area shall be m , ade ava�lable for inspection without delay; and u on re uest b authorized p q Y representatives of the licensing authority or peace officers, such licensee shall open said area for inspection." See section 12-47-7 ( 01 C.R.S. and Reg 47-700). Enclosed is a list of items examined/investi ated to ensure com lianc ' g p e dur�ng an inspection. A discussion of these issues follows: Licenses/Permits posted: Liquorand Beer Licensees must have currentl valid State and Local li , Y quor or beer I�censes, sales tax and food service licenses osted cons icuo , , p p usly on the I�censed prem�ses so that the general ublic ma see them. A wi . , P y se L�censee w�ll check their license expiration date to ensure that the d y o not forget to file for license renewal. 3 A Federai Tax Stamp must also be obtained and conspicuousi posted on Y the licensed premises. (See section 12-47-301(4)(a)). � Minor Warning Sign Posted: You must have a sign, which warns underage persons that it is illegal to attempt to purchase alcohol beverages. These signs are available free of charge from the State Liquor Enforcement Division. (See 12-47-901(5)(h) C. R. S. ) Meals or Snacks Available: The meal/food requirements for the dif�erent types of licenses follows: Hotel and Restaurant License 12-47-411, Reg. 47-418 Tav.ern Liq uor License 12-47-412 Beer and Wine License 12-47-449 Retail Liquor Store License 12-47-407, Reg. 47-416. Bed and Breakfast Perm�t 12-47-410 Liquor Licensed Drugstore 12-4 7-408 4ptional Premises License 12-47-413 � .. M u st be a bonafide resta u ra n t with a menu. At least 25% of the sales (between food and drink} must be from the sale of full meals. Must have light snacks (chips, pretzels, n uts, etc. ) a nd sandwiches (prepackaged pizzas, burritos, subs, etc.) available for consumption during all business hours. Must have light snacks (chips, pretzels, nuts, etc.) and sandwiches (prepackaged pizzas, bu rritos, su bs, etc. ) available for consumption during all business hours. M�y not sell food items. No food requirements. No food requirements. No food requirements � t I' Retaii Gaming Tavern License 12-4 7-414 Club License (non-profit only) 12-47-416 Arts License (non-profit only) 12-47-417 Racetrack License 12-47-418 Public Transportation License 12-47-419 Brewpub License 12-47-415 Special Event Permits (non-profit be organizations only) 12-48-105(5) Cleanliness is Adequate: Must have light snacks (chips, pretzels, n uts, etc. ) and sandwiches (prepackaged pizzas, bu rritos, su bs, etc. ) available forconsumption during all business hours. May contract for these items to be provided from otherbusinesses (12-47-414). Nofood requirements. No food requirements. Food requirements. No food requirements. M u st be a bonafide resta u ra nt with a men u. At least 15% of the sales (between food and drink) must be from the sale of full meais. Sandwiches or other foods must must be available during the event. � An examination of the overali licensed premises is conducted to identif . y hazards and recommend solutions. Your local health de artment ma be .. . . .. p Y not�f�ed �f problems are ident�fied. (See Reg. 47-418, Re . 47-902 9 ) Books and InvoicesAvailable: Licensees are required to maintain records to full show all business . . y transact�ons and must make these records available for examination u on P request. You may be asked to show invoices concernin alcohol bevera e 9 g purchases. (See section 12-47-701, C.R.S., Re . 47-70�, and Re . 47- 426 ) g g 5 Beer, Wine and Liquor Stock Acceptabie: The public expects to be served the alcohoi bevera e the a for and 9 YPY nothing more. An examination of beeris conducted to ensure you are sellin , , g 3.2% beer (if a 3.2% Beer L�censee) or beer products containin more than . . , g 3.2% beer �f you hoid any other k�nd of I�cense. Your wine and liquor roducts:. . . . .. , p w�il be examined for impur�t�es (paper part�cies, bugs, dirt, etc. . An roduct ) Yp found to contain a foreign substance ma� be seized, or ou wili be asked to v destroy it. You should frequentiy check your aicohol bevera e stock for 9 foreign contaminates to avoid problems in this area. On premises licensees may not have any flat or flask shaped containers on their premises or an .. . . Y sp�r�tuous I�quor conta�ner over 14% alcohoi by volume in any container of less than 1/5 of a gallon.(Reg. 47-904 and Reg. 47-906). Alcohol Purchased from Permitted Sources: Those license�s who seli alcohoi beverages by the drink, to be consumed on the licensed premises, are allowed to purchase not more than $500 of aicohol beverage inventory percalendaryearfrom a retail liquorstore. This provision was created to ailow those businesses who ran out of a particular product during a busy night when product couid not be obtained frorn a licensed wholesaler to purchase it from a retaii liquor store. Ail other beer, - wine and liquor products must by purchased from a licensed Colorado wholesaler. (See sections 12-47-409, 12-47-411, 12-47-412, 12-47-414, 12- 47-415, 12-47-416, 12-47-417, and 12-47-418, C.R.S.). Compliance with Gambling Restrictions: The Division has encountered several different gambling schemes which always involve a participant payin somethin of value for an o ortunit to 9 9 pp Y win something of value. Many of these schemes appear to be harrnless and simple, but may constitute illegal gambling. For example, football pools may constitute illegal gambling. The Division strongly encourages all Licensees to check with local Police/Sheriffs and most importantly the local DistrictAttorney to assist in determining the legality of the proposed game. Licensees who maintain garne machines on their licensed premises, such as video poker or similar devices, are required to have keys to access the interior of the machines, machine operating manuals and a cop of the . y wr�tten contract with the game vendor if the Licensee does not own the machines. (12-47-9Q1(5)(n)(I) C.R.S. and Reg. 47-922) C� Manager Registered with Authorities: Hotel and Restaurantand Tavern Licensees must have a se ar '' p ate and d�st�nct managerand must registerthat managerwith the local and state licensin .. . 9 author�t�es. Aii other L�censees who seli alcohol bevera es b the ' . . , g y d r� n k, fo r consumpt�on on the I�censed prem�ses, must reportthe name oftheirmana er . . .. , g to the locai and state I�cens�ng author�t�es. 3.2% Beer L�censees wh o have an "on premises" license must aiso report the narne of their mana r. ge (See 12-47-411, 12-47-301 C. R. S. ) Licensee in Possession/Controi of Premises: All alcohol beverage Licensees must have ossession of the remises , p p at all t�mes, by deed, lease, sub-lease, etc. Licensees ma not rant ossession Y g P oftheiriicensed premises to anyone otherthan the erson licensed. Exteri . p or I�censed areas must be in possession of the licensee who must be able , to demonstrate control over the areas licensed. For exam le controllin access p� 9 to and from an outdoor patio area is essential to ensure all alcohol bevera es . . , g. purchased from the business, rema�n on the I�censed remises and to kee p p minors from consuming alcohol beverages. (See 12-47-301 ) Trade Name Properly Registered: The business name, commonly known as the trade name or "d/b/a" doin . i g business as) must be properly listed on licenses. If exterior si ns are osted 9 p , they tao must properiy reflect the correct busines� name. If ou want to . . Y .. change the trade name of the business, you must file an a lication with . , . pP your local I�cens�ng author�ty at least 10 days prior�to chan in the business' 9 g name. (See Reg. 47-306). Compliance with Intoxicated Sale Restrictions: Persons who exhibit or display visible si ns of intoxication i.e. swa in g , , y g, blood shot eyes, slurred speech, loud-boisterous behavior rna not be served , y aicohol beverages. Because of the many seconda roblems created b . . . . �v p y vis�bly intoxicated persons, the Division will alwa s initiate an investi ation . . . , Y 9 �nto v�olat�ons of this nature. Remember that it is a� violation of the li uor q code to serve alcohol beverages to intoxicated ersons under an . p Y c�rcumstances. The fact that the intoxicated person isn't drivin is not a 9 factor. {See 12-47-901(1) and Reg. 47-900 . ) � Compliance with Sale to Minor Provisions: It is unlawful for a Licensee to sell, serve, give or allow the consum tion or P possession of alcohoi beverages to or for a person under th� age of 21 years. On-prernises and 3.2% Beer Licensees, with the exce tion of Tavern p Licensees who do not regularly provide full meals, may employ persons who are at least 18 years of age to participate in the sale of alcohol beverages. These persons �ay participate in the selling, serving or ivin 9 9 of alcohol beverages as long as they are actively supervised b a erson Y p who is at least 21 years old (18 f�r 3.2% Beer). Because of the rnany public safety issues created by these violations, the Division will always initiate an investigation into violations of this nature.(See section 12-47-901 1 and C) 12-47-901(5}(a)(I). Acceptable Dispensing Systems: Electronic dispensing "guns", "taps" or "systems" are acce table in p Colorado. However, they must be clearly marked so customers know what producttheyare receiving. Asign, orcard posted and visible to the consumer is acceptable. Beer tap handles must properly reflect only the name of the product dispensed from that specific tap. It is a violation to identif one y product and sell another to the consumer. Additionally, it is unlawful for dispensing systems to mix products with each other. (See Re . 47-9�4 and g Reg. 47-908). Off Premises Storage Licensed: Colorado Retail Licensees may apply for and receive a retail stora e 9 warehause permit to allow storage of alcohol beverages at one location other than the main licensed premises. On-premises licensees hotel and C restaurants, taverns, etc., may store wine and liquor products indefinitel , Y but may only store beer for a period not to exceed 10 da s from the date of Y delivery. Off-premises licensees (retail liquor stores, etc. ma onl store ) Y Y wine and liquor. No beer products may be stored at an off premises retail storage warehouse location. Copies of the storage permit must be conspicuously posted on the licensed premises and at the storage facilit . Y (See Reg. 47-410�. Only Permitted Items Sold: Retail Liquor Store licensees may only sell items directl related to the Y consumption of alcohol beverages and only those iterns approved by the State Licensing Authority. A list of the items currently approved for sale is attached. (See 12-47-407 and Reg. 47-416). 8 Ii. Most CommonlyAsked Questions and Answ • ers. A. Do Patrons have to produce identi�cation and w , hat kinds of identification can / accept� Colorado law does not prohibit undera e ersons those erso g p ( p ns underthe age of 21 years) from entering or remainin in a licensed establish 9 ment. However, Colorado law does prohibit an licensed establishment from ' Y sell�ng, serving, or giving alcohol beverages to an undera e erson. Licen g p sees should always checkforacceptable proof of a e ifthere is an dou g y bt a bout the age of the patron. if an acceptabie proof of a e is not available fr , g om the quest�onable patron, no service or sale should be rovided. p Only the foliowing types of identification ma be relied u on b Li Y p y censees as proof of age of a patron. Note that each identification listed must be valid (not expired), have a photograph and descri tion of the bearer: p 1. An operator's, chauffe�ur's or similar e driver's license �YP containing a picture, issued by any state, Canada, Mexico or , United States Territory. 2. Identification card containin a icture issued b an stat g p , y y e for the purpose of proof of age in accordance with C. R.S. 42-2-402. 3. Military Identification Card. 4. Passport. 5. Alien Registration Card. 6. A valid employment authorization card containin a icture and 9 p date of birth issued by the U.S. Department of Justice, Immi ration . . , g and Natural�zation Serv�ce. Those patrons attempting to purchase alcohol bevera es who are unabl , g e to prov�de one of the forms of identification described above ma be refused . . Y serv�ce of alcohol beverages..lf you suspect that a fraudulent or altered identification has been iven to ou for roof 9 y p of age, ask for a second identification or ask questions concernin the information on the face of th . .. . , g e �dent�f�cat�on. If you st�ll believe you have been iven a fraudulent oralter , ., . 9 ed identification, you may con�scate it and turn it over to a state or local law enforcementofficerwithin 72 hours. (See Re . 47-912 and 12--47-901 5 a. g C )C )) B. What are the hours that alcoho/ bevera es ma be so/d? g Y �n-Premises Liquor Licensees: Licensees who sell alcohol bevera es for consum tion on the rem' 9 p p i ses, i.e., taverns, restaurants, brewpubs, ma sell alcohol bevera es Y g to be consumed on the premises, from 7:00 a.m., until 2:00 a.m. 365 da s a year. . � y � Off-Premises Liquor Licensees: Licensees who sell alcohol beverages in sealed containers, forconsum tion • . . . p off the I�censed prem�ses, �.e., I�quor stores, dru stores and brew ubs 9 p , may seil alcohol beverages in sealed containers from 8:00 a.m., untii midni ht 9 every day except Sundays and Christmas. 3.2% Beer Licensees: 3.2% beer may be sold from 5:00 a.m., until midnight, 365 da s a ear. v y There are no state prohibitions concerning the sale or service of alcohol beverages on election days. C. ls public consumption of alcoho/ bevera es /e al? g g Colorado law prohibits public consumption of rnalt liquor beer other than C 3.2% beer), vinous liquor(wine) and spirituous liquors bourbon, in, vodka � g , etc.) in public, except in a business which is licensed with a Colorado li uor . , , , q I�cense. Publ�c consurnpt�on of 3.2% beer is not prohibited b state law v , however, many cities and counties have local laws prohibitin ublic 9p consumption of 3.2% beer. D. Can / bring my own alcoho/ beverages into a/ace that p has a liquor license ? It is also unlawful to bring alcohol beverages into any place that is licensed to sell orserve alcohol beverages, i.e., restaurants, sports stadiurns. Similarl , .. . . . Y �t �s unlawful to br�ng alcohol beverages �nto an unlicensed public business, i.e., restaurants, for consumption due to the prohibition on ublic P consumption. E. Can l renovate or remodel my liquor licensed business � �nce you have received your Colorado liquor license, ou ma not cause Y Y structural changes to your licensed business without first reporting the changes to the local and state licensing authorities. Cosmetic chan es, i.e., .. , g paint�ng, carpeting, etc., generally do not require authorization. However, the addition of a bar (or to lengthen a bar), or the relocation of entrances or exits, the addition of, (or deletion of walls, atio areas etc. re uire re- ) p , , q p approval from the local and state licensing authorities. Generally, any chan e . g thatsubstant�ally alters the usage of the licensed prernises from thatori inall 9 Y approved, requires pre-approval. The applications to change, alteror modi � your licensed premises are usually available from your local City or Count Y Clerk, or the Liquor Enforcement Division. 10 F If I sell my business, does the bu er have to o '' y bta�n �ts own liquor license to continue the operation of the business � The new ownerof the business must ac uire its own li uoror ' q q beer I�cense byfiling applications with the local licensin authori . Should the n . ,, g ty ew owner des�re to operate, �t must ask the local authori for a"tem ora '" . t Y p r y p e r m � t w h�c h may be gran te d ( discretionary) u on filin of the a lication P 9 pp s for a permanent annual license. It is unlawful for you to ailow an one to "use" . .. Y your i�cense, and it �s uniawful for them to use our license. y Corporations and limited liability com an licensees who are p Y purchased and remain in business as the licensee/ownerof the business ma conti , y nue to operate and mustonly reportthe "internal chan es" i.e. chan e ofoffi , g , g cers, d�rectors, stockhoiders, members, etc., to the local licensin authori ' , , g ty. Th�s report must be filed w�th�n 30 days of the date of the internal chan e. Failure . . , g to meet the report�ng deadl�nes may result �n sanctions a ainst our iicens . g y e G. How often do I have to renew m li uor or beer licen � Y q se. Liquor and Beer licenses must be renewed eve ear. Li uor licen . , , rY Y q ses, unl�ke manyotheri�censes, are not �ssued on a calendar earbasis. Instea , y d they exp�re one year from the date of initial license issuance. Your licens e applications wiil be mailed to the business address listed. on our a lication . . Y pp , (or ma�l�ng address, if designated) at least 90 da s before our lice , y y nse exp�res. if you change the mailing address for your state tax information after your liquor license was issued, your li uor or beer license renewais . , q w�ll be mailed to that new address (we share a common corn uter s stem . . . .. p Y ) it �s your responsib�l�ty to ensure your license renewal is filed with our local . . . Y I�cens�ng author�ty at least 45 days before the ex iration date. Failure to file p your renewal at least45 days priorto its expiration, ma result in the license . Y not being renewed. if your license expires and you notice its ex iration within 90 da s from P y the date of actual expiration, you can pa an additionai $500 late fee to Y your local authority and an additional $500 late fee to the state licensin authori . 9 tY, so that the license can be renewed. These fees are in addition to our . y I�cense fees. If you do not notice that our license has ex ired within Y p 90 days from the date of its expiration, you rnusta I fora totall new license. pp Y y It is uniawfui to continue to sell, serve, or distribute aicohoi bevera es without . . , g . va��d local and state I�quoror beer I�censes. 11 H. � Where can I purchase my alcoho! beverage inventory? All Retail liquor and beer licensees may purchase their alcohol bevera e g inventoryfrom a licensed Colorado Brewpub, Winery orWholesale licensee. On-premises Licensees, licensed to seil aicohol beverages for consumption on the licensed premises, may purchase up to $500 per calendar year of aicohol beverage inventoryfrom a retail liquor store. Ail purchases must be evidenced by a receipt or invoice which is to be maintained by the Licensee. (12-47-901(1)(e), 12-47-4�9,12-47-411, 12-47-412, 12-47-414, 12-47-415, 12-47-416, 12-47-417, and 12-47-418, C.R.S. ) I. Can / cafer or deliver alcohol beverages � It is not unlawful to provide a bartending service off a licensed premises for private events. It is unlawful to sell alcohol beverages (as a caterer, bartender or other person) without first being licensed to do so. Since liquor and beer licenses are issued to a specific person at a specific place, there exists no license for the "mobile" catering of alcohol bevera es. Those li uor and 9 q beer licensees that have a Retail Liquor Store License, Drug store license, or a 3.2% Beer license-combination on/off premises license, may deliver alcohol beverages upon acquiring a delivery permit from the Liquor Enforcement Division. (See 12-47-901(1)(g) and Reg 47-426). In accordar�ce wi tri C. R. S. l 97 3, 12 - 4 7- 4 07 an�d _ atian 4 7- 416 the f ol lawing produc ts are approved as nonf ood i te�ns pe�ni.tted to be sold b�y Retail Liqu,or Store Lice,nsees . ATM Machines BarTowels BartenderGuides Beer Brewing Kit (Equipment) Beer Brewing Kit (Ingredients) "Add water on/y " self contained and pre-mixed kit that is commercially packed, sealed and labeled Blenders B�oks or Magazines-primarily about alcoholic liquors or the industry Bottle Openers Bottle Neck Greeting Cards Can �peners Coasters 12 Cocktail Garnishes - which are re acka ed /abel ' p p g, ed, d�rect/y related to the consumption � of alcoho/ and sold sole/ for , , y purpose of garn�sh�ng be verages up to 16 oz. Coolers - ail types Cork Screws Devices purporting to measure breath or blood alcohol Dispensers-ali types Drink shakers Drip rings Flasks Fresh lemons Fresh limes Fruitsqueezers General bar equipment Gift Basket that contain alcohol bevera e roducts and � g P any of the permitted items listed on this a e pg Glass holders Glass washing equipment Giasses-Mugs Hangover remedy - strictly limited to a roduct manufa p ctured and labeled as a hangover reliever Herb bitters Ice I ce b uckets I ce crushers Ice Machines Liquor filled candy Liq uor travel cases Liters-Carafes-Decanters Maraschino Cherries Milk M ixes Nutrahoi � Olives Party Clips (attaches wine glass to late p ) Pitchers portable bars (homeuse ) Prost and similar beverage magazines Shot measures Soda syphons or mixers Stir sticks Trays Tipsy Teasers - gift-wrap ribbon VideoTape- if art of a s ecia/ r ' _ p p p omot�onal carton and non reusab/e Wine Making Kits , Wine Racks �3 t'.� It� Valid State Liquor license posted Valid State Sales Tax posted Valid Federal Tax Stamp posted Valid Food Service license posted MinorWarning Sign posted Meais or Snacks available Cleanness is adequate Books and Invoices available Beer stock acceptable Wine stock acceptabie Liquor stock acceptabie Alcohol purchased from permitted sources Compliance with gambling restrictions Manager registered with authorities Licensee in possession/control of premises Trade name properly registered Compliance with intoxicated sale restrictions Cornpliance with sale to minor provisions Premise physical control adequate Acceptable dispensing systems Off prernise storage licensed On ly perm itted items sold 14 Trade Practice Restrictions Pursuant to Section 12-47-308, C.R.S. and Re ulations 47-316 4- . , g , 7 320 and 47-322, I�censed suppl�ers (wholesalers, manufacturers im orters br , p , ew pubs) are prohibited from furnishing financial assistanceto licensed retail ers. The purpose of such restrictions is to revent su liers from infl ' P pp uenc�ng and/or controlling the product selection of licensed retailers. The foilowing outiine summarizes what a su -�lier MAY rovide to a retail � pP p er. 1. Certain advertising materials includin : na kins coasters men 9 P , , u sheetst menu covers, place mats, calendars, tra s ash servin Y C , 9, change, utility), license hoiders, lamps, mirrors, clocks foam , scrapers, bottie and can openers, and other normai and custorna . . , �Y POS (point-of-sale) mater�ais. These �tems must car sufficient . . �Y advert�s�ng to show thatthey primarily advertise the�su lierorthe . , . PP suppl�er s product. As long as th�s requirement is met, the su lier . , , , pP rnay pr�ntthe reta�ler s name on such mater�als and otherinformation about food or drink specials. 2. Signs on the premises which are not tem ora in nature: p rY such as a supplier's normal and customary neon or lastic si ns. . p g A supplier may not construct or paint an si n for the retailer and Y 9 , such signs may not include the retailer's name or an information . y about the establ�shrnent. None of the precedin restrictions . g concern�ng the type of advertising permitted on exterior si ns and . . , g �nter�ord�splays shall be applicable to paperorvin I bulletins or Y banners and posters, which are not intended or desi ned rimaril . ., g P Y to advert�se the reta�l I�censee. 3. Interior displays: such as non-refri erated racks bins barrels g , , , casks, and shelving from which alcohol bevera es are actuall sold. . g y If a display item has another utility value e. .bic cles snow boards C g Y , , urnbrellas, etc.), the supplier may loan the item to a retailer at no costforthe period of a promotion, and must char e the retailerthe g cost of the item if the retailer ret�ins the item past the rornotion . p period. 4. Services: such as cleaning and ins ectin of dis ensin p 9 p g equipment; product delivery, stocking, pricin , rotatin , and . . , g g resett�ng; s�gn or d�splay repair. 5. Tickets to events: which are limited to re-scheduled s ortin p p 9 events or concerts. The supplier may also provide round . g transportation and a rneal priorto such event. A su lier ma not pp Y . provide any other employee or retailer incentives rizes clothin . Cp , g, etc.) in contest form or otherwise. 15 7. Promotionai nights or other products romotions: which are p conducted on the retailer's premises. Supplier representatives must be present to provide a n su lier novel items t-sh i Y Pp ty ( rts, etc.) to the public. Suppliers may not pay for any promotional talent or to , advertise the event. 8. Volume or quantity discounts on product urchases: In no p event shall the total product soid or provided, per invoice, be soid at a per-case price which is below the per-case laid-in cost of the supplier. 9. Limited right to return aicohol bevera e roducts onl when: 9 p y such product is defective or damaged, when there is an error in delivery, when the supplier discontinues a product, a retailer's operation �s seasonal (closed a minimum of three consecutive months), the retail liquor license has expired or is surrendered, or when the supplier takes legal action to recover invento for non- � payment. Beer whalesalers may "trade out" beer products which have exceeded or are ready to exceed manufacturer's freshness date. The trade-out must be for product which is IDENTICAL in specific brand name and container type. P/ease note: a retailer is a/so in violation of th f ' e a orement�oned statutes and/or regulations for accepting any prohibited form of financia/ assistance. �6 • . �� .� �1c� — . � __ , r: �'� � � �'� �� _f� ��.� i� % � �f � � � �,r%'� . . _� �J.' i ...i� . � . : _ � � � � - . _ _ �. l /, / � � �"/�� . . __ _ _ _..__ � �:.r �� . _'_-�� ,, ,/� , w ..✓, �_.._ �� _ �' _- - -- - - _� . ' • -l� . � / .__ _ � _ . _ , __ _ , � _ ._ ___.__ __ _ _ _ �►...�� ___ . _ .'. _ �. �� -`.-! . —_ _ ---- --_ _ .. _ �— f .�___ .. _ .,.� ''i�_ .�— ' � � .� � �.�i /y l _ � _.....--�7 � �/ i - -- .__M --�_ � �� - _ - - _-- - _ -- - - �,, �f � � :� ` _ --_ _ _ _ _ _ -- --_-_ - - �� .� � r s � � � � � ;. , � t � �' �–.. ....._.- . _—�---- __—�_ � � 'i!� _ • ":: . !'r f _� �_ �_�.� �._ � - ' : ., ..._._�n�-.�= ��._, '.:._. - �.«.... __ .. . _.. ♦ n,/" . + � 3,:: - _ ' ___..__.. .__ .r.....z ' � \ "I ^ . . £ � ` �. 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TELEPHONE EI��IAIL AD D�SS NZAILING ADDRESS LI UOR Owner, Bar Mg , . � NAl�'IE Q ESTABLISHMENT Doorman or Server? # � � � �� C f � � o� � � � _ � � � � � , �,� eo- �N �R.. � t �- r ! l�a ►� . . , � � �s � �� . i � v�/ � 1/✓1 � Vt h � � � Vl(�l. / S � � �v I� /� f� �... 7 °�-^7 � � �- - .�. � � �� 1 • �, > � t �, � a �P � � � Oo� �. �►�1 �. � P � I - G. � �0 ,s,�-. �--, ��t � � �� 1 i� � �.- � ,5�� s � '� • � ��'��`' a �- �v � � . �/��- _ � ,4. �./.�-,� �iv � �.ai �- � r� �G �"� �� - Ll�"7 d a � � �u��+ �' ��-U �., � _� • _ ` .� r '�_ � 2, � � .�m �I.C.��' � v � �- �(�l � � �' �� . . . � - � � � 1M°� I��-c.� G� ��- - � c►� C� �' � � , �� ;� . �v � �� , � � �� F � �Uwt�� 1� � � . 2� �� `l � �1 � �. ��_ �� v� _. .� � . w ��_ . .� � .� . � ___� . . .�, r , � � . , . . �Z _. .. , ...�� .,. .,�.��,.�..�„�,w .;,,„� � Please Print: „ ..;. , , �;��. �� ; . r �,�. , . .. ,. � :z ,.., , .. . ,��.4�� a� . � December 12, 2007 PECIAL LI UOR BOARD FORUM S Q Donovan Pavilion . 1:00 P.M. 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Donovan Pav�on 1:00 P.M. Qwner, Bar Mgr., orman or Server? Do G��N,,��„ �; .,�� . c--r�tz►,�r j��1►��- � �-� _---/� � .�L �� t�- � 'C�i �,1 - _ ! V � � � � e � � ��=�� q � ^'�-- �� ` � �� 1�ZAIL ADDRESS TEL EpHONE E # � - / � .'S �, '�- !� t f't/ � Gi G-� � � f...� .-✓+ � � �. -- / / � C-��,z �- MAI LING ADDRESS . � �� J �-. , j �'ta`c, � � +� `' /-r S�� , % � �, ;�.� �, G f x�J� � � ' � � �� S � � �'''� i � �� ,� � � % f� ��r�• , � � �J �` V � � � 1 �� r � �, . � c� ` .-� -� - , .� ✓ �...:�-'�� , ^ �, .0 � � � � `" � � , 1 . �, . �� t 1 !�► � � � '_ �t � � R �J � lL. � . �� .-.- ^ . �., _ � � t - ��--�t C� � � � � � . � .� �' � � �� ,� � �� `� • f- � ( � c� � � �! � � �3 3 .--- � a � � .� � �� G � �; ��..- � �-� � l � � � -� aP - � �.n g � ,� �� K � j T '�'� � Y � �` '-�� 6'0 � , — i�- �� S �` a�s�� _ S - v�� ,�c�� - �-� �� o5S �� " C� ! -(��'1`r' . x December 12, 2007 SPECIAL LIQUOR BOARD FORUM Donovan Pavilion 1:00 P.M. 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